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1. Participation
1.1 Eligibility to use the auction: The use of the auction to sell, bid and
buy is limited to persons who may lawfully form legally binding contracts under applicable
laws and have been properly registered at the auction’s site. Auctions are
not available to minors, as legally defined in their countries of residence.
1.2 Seller registration:
Any person wishing to sell ("the seller") at Hammersite’s "Classical Online Auction" ("the
auction") must register by filling out the online
Registration
Form.
By
registering to bid, buy or sell on the auction, the seller agrees to accept all the terms
and conditions stipulated in the User's
Agreement and to abide by them.
1.3 Truthfulness of information provided by the
user:
Information provided by the seller at registration,
and such that is updated or modified by him at any time thereafter, must be truthful. The seller – an
individual or a corporation - must register by his legal name, provide his current address, phone
number, e-mail address, and valid credit card information or ID number (where and when
applicable).
2. Binding commitment to conclude the transaction
2.1 Seller’s title to auctioned item:
The seller of an item on the auction warrants that he is the rightful owner
of said item and have title to it, or that he is in possession of power of attorney from its
rightful owner to sell said item. The seller also warrants that the good is free from any lien or
encumbrance.
2.2 Transferring possession and title:
The seller agrees to transfer title to the auctioned item (and possession of it if stored
at his premises) to the buyer designated by Hammersite, once following conditions had
occured:
- Hammersite sold the item to the highest bidder (the reserve price was reached or
exceeded, when applicable)
- Hammersite received full payment from buyer.
3. Consignment of items
3.1 Preliminary Item registration:
- Online preliminary consignment:
The
seller will fill out and send the online consignment
form found at this site.
- Preliminary consignment by fax or by phone:
The seller will send Hammersite a detailed
description by fax, or contact Hammersite by phone to get assisstance in describing the
item/object he wishes to sell.
- Hammersite may decide, based on the information provided that the item is not
suitable for the auction. In that case Hammersite will notify the seller by e-mail or
by fax or phone that it cannot accept the item for auctioning.
3.2 Examination,
evaluation and appraisal:
- In case Hammersite decides to proceed, the seller will be contacted by e-mail, phone or fax
to set up a date for examining, evaluating, and eventually photographing the object.
- Based on the expert examination and evaluation, Hammersite will advise the seller of
the object’s estimated value, authenticity, and condition (please consult the User’s
Agreement on Hammersite’s warranties and liability with regard to such Information).
- Hammersite may recommend to the seller to have the object restorated, repaired,
framed/reframed, etc. Hammersite will provide the seller with names and addresses of experts
approved by Hammersite. The seller will carry the full costs of such restoration, repair,
framing, etc.
- If Hammersite accepts the item for the next relevant theme/category auction, the seller and
Hammersite must agree on the minimum/reserve price to be set.
3.3 Delivering the item to Hammersite for the duration of the auction:
- The items accepted for sale will be shown to the public at this site and in Hammersite’s
showrooms for the duration of the auction.
- Items accepted for sale must thus be delivered to Hammersite’s premises (unless
otherwise agreed upon between Hammersite and the seller) not later than one week before the
beginning of the "on view" part of the auction
(please refer to the Overview
page).
- Seller will assume responsibility for and costs of packing, shipping and insurance of
items to be delivered to Hammersite for sale (unless otherwise agreed upon between Hammersite
and the seller).
Sellers will be provided with the names and addresses of reputable
shipping contractors. In special cases, Hammersite will order such services on behalf of
the seller, and at seller’s expense.
4. Retrieval of items
- Unsold and returned
items must be retrieved by the sellers within 10 working days
from the closing of the auction (unless it is agreed upon between Hammersite and the seller to
include the item in the next auction).
- Seller will assume responsibility for and costs of packing, shipping and insurance of
items to be shipped to the seller (unless otherwise agreed upon between Hammersite and the
seller).
5. Payment of commission, fees and charges to Hammersite
5.1 Seller’s commission:
Hammersite charges a seller’s commission of the hammer price on all items sold according to
the following agreement:
Minimum Commission of $100 (plus
VAT) for every sold item
Up to $2000 - 18%
$2000- 15000 - 13%
$15000-30,000 - 10%
Over $30,000 - Negotiable
VAT on the commision amount will be added. The commission amount + VAT (and other
charges assumed by Hammersite on behalf of the seller, if any) will be deducted from the hammer
price of the item sold.
5.2 Collecting payment from the buyer:
Hammersite is responsible for the collection of payments from buyers on behalf of the sellers, and
for transferring them to sellers (net of commissions, fees and other deductions, if
applicable). Payment to the seller will be made within 35 days from end of sale, unless Hammersite has not received payment from the buyer.
The item sold will be released to the buyer only after Hammersite had received full payment
(including fees, charges, and taxes if applicable).
5.3 Insurance:
Lots accepted for consignment can be insured at the seller's request at a cost of 1.5% of the
item's reserve price. This amount will be charged regardless of whether or not the item is sold. In
the case of damage to, or loss of, the lot, Hammersite will pay the seller the full amount
received from the insurance company.
6. Refunds and reimbursement
The seller will sign a letter to the effect that he will reimburse Hammersite the full amount
paid by the buyer within three years from the date of the sale if Hammersite decided to refund the
buyer because of misrepresentation, and the buyer returned the item.
7. Guaranteeing a seller’s reserve price
Hammersite warrants that a seller-specified and Hammersite-approved reserve price will be the
minimum price for which the item will be sold. If that reserve price has not been reached or
exceeded the item will remain unsold.
The reserve price will remain undisclosed.
Despite the above written, Hammersite is permitted by its own discretion, to sell the
items under the reserve price, in condition that the seller will receive the full amount of the
reserve price of the item, minus the commission. |