Conditions of Sale
All property offered and sold through Valeona Gallery Inc shall be offered and sold based on the terms and conditions set forth below. All property is sold to the highest bidder. Once the auctioneer has recognized you as the highest bidder, your bidder number will be recorded as the purchaser of that lot subject to the following terms and conditions. By bidding at the auction, whether in person or by the agent; by written bid; telephone; internet or other means, the buyer agrees to be bound by these terms and conditions.
1
While we have retained experts for research and we endeavor to provide the most accurate and up to date information available please note that ALL properties are sold "AS IS-WHERE IS". ALL sales are final with NO RETURNS.
2
A 27% buyer's premium (liveauctioneers) will be added to the hammer price of each lot sold on liveauctioneers.com.
3
All purchases which are retrieved at the gallery directly will be subject to Quebec Sales Tax and Federal Sales Tax for a total 14.975% unless (1) the buyer is an out-of-province Canadian resident and merchandises are being shipped out of province. All items to be shipped out of Canada shall be invoiced as tax exempt provided that A. the goods are actually shipped out of Canada and B. A copy of the original shipping paperwork is provided by the shipper as proof of export.
4
All properties are sold "AS IS" and all sales are final. We do our best to describe the item's material, age and conditions. Written and oral descriptions are our opinions and should in no way be interpreted as a definitive fact nor a guarantee of any kind as to authenticity, age, condition and materials. Prospective buyers are strongly advised to examine personally any property in which they are interested before the auction takes place to determine its condition, size, and whether or not it has been repaired or restored. Shipping and insurance is the responsibility of the purchaser. The purchase is not contingent upon shipping costs or an item's eligibility to be imported or exported to any certain country. If shipping cost is of concern, please research costs of shipping before you bid or contact one of our representatives to help you.
5
All items are sold to the highest bidder as acknowledged by the auctioneer. Once a winning bid has been recorded by the auctioneer you are considered bound to purchase by legal contract as per these terms and conditions. The auctioneer has the right to reject any bid. The auctioneer is the arbiter of any disputed bid. He may reopen bidding at his discretion and reject bids deemed inappropriate. The auctioneer reserves the right to withdraw any item and to re-offer the item at another time.
6
Every effort is made by the auctioneer to execute all bids, including floor, absentee, telephone, and internet bids however WE ARE NOT RESPONSIBLE FOR ANY MISSED BIDS.
7
International buyers should note that some countries do not allow the importation of lots containing materials made from endangered species. This includes, but not limited to, ivory, coral and tortoise shell. Please check with relevant import and customs regulations prior to bidding. The ability of a purchaser to import a lot into their respective country is not an acceptable reason to cancel a sale and buyers are expected to research Import & Export law before bidding.
7.1
The Auctioneer acts solely as an agent for the consignor and makes no representation as to any attribution of, title to, or restriction affecting the articles consigned for sale. Without limitation, the buyer understands that any item bought may be affected by the provisions of the Cultural Property Export Act (of Canada).
8
All property purchased from Valeona Gallery Inc must be paid within 10 days after the auction. All property purchased from Valeona Gallery Inc must be removed within 30 days after the auction date. Valeona Gallery Inc will not be responsible for paid items left for over 30 days after the auction date (unless a prior agreement has been made in writing.) Items left after 30 days may incur an $11.00/day per item storage fee assessed solely at our discretion. Once storage fees have exceeded the actual purchase price of the item(s) Valeona Gallery Inc can exercise the right to repossess the item and re-auction.
9
If any part of these conditions of sale are found by any court to be invalid, illegal or unenforceable, the balance of the conditions shall continue to be valid to the fullest extent permitted by law.
10
The rights and obligations of the parties with respect to these Conditions of Sale and terms of guarantee, as well as the purchaser's and our respective rights and obligations hereunder, the conduct of the auction and any matters connected with any of the foregoing, shall be governed and interpreted by the laws of the province of Quebec in the country of Canada. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Valeona Gallery Inc, to the exclusive jurisdiction of the federal courts in Canada or the provincial courts located in the province of Quebec and waives any objection to the jurisdiction and venue of any such court.
11
By bidding at auction, whether present in person or by agent, by written bid, telephone, internet bid or other means, Valeona Gallery Inc will keep the bidder's contact information for future auction or news event notifications, unless bidder specifically notifies our auction house to remove their name from such a list.
12
All bidders (floor, phone, absentee, and internet) may be required to send a deposit and in all cases are REQUIRED to submit credit card information as a security measure in order to participate in auctions held by Valeona Gallery Inc. We reserve the right to charge a deposit at the time of registration to secure your bidding profile. In the event that a purchase has not been paid after 15 days, Valeona Gallery reserves the right to retain legal counsel and pursue all reasonable measures to recover unpaid funds. From 15 Calender days after the sale if an account remains unpaid the buyer agrees that their deposit will be forfeited and additionally to be bound and liable to pay all costs related to actions undertaken to recover unpaid amounts in addition to forfeiture of said deposit.
13
Valeona Gallery Inc reserves the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has the right at his absolute and sole discretion to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, and to combine any two or more lots. In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid, whether during or after the sale, the auctioneer has final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to re-offer and resell the lot in dispute. If any dispute arises after the sale, the Valeona Gallery Inc sale record shall prevail.
14
In addition to any other remedies available to us by law, we reserve the right to impose a late charge of 4.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. Valeona Gallery Inc shall have no liability for any damage to property left on its premises for more than (7) days following the sale. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies: a) To charge interest at such rate as we shall reasonably select; b) To hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law; c) Cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser; d) Resell the property whether at private sale or public auction without reserve, and the purchaser will be liable for any deficiency, cost, and including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages; e) To set off the outstanding amount remaining unpaid by the buyer against any amounts which we may owe the buyer in any other transactions; f) Where several amounts are owed by the buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so directs; g) To reject at any future auction any bids made by or on behalf of the buyer or to require a deposit from the buyer before accepting any bids; h) To take such other actions as we deem necessary or appropriate; or i) To effect any combination thereof. In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in, and we may retain as collateral security for such purchaser's obligations to us, any property or money of or owing to such purchaser in our possession. We shall have all of the rights accorded a secured party with respect to such property and we may apply against such obligations all monies held or received by us for the account of, or due from us, to such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. In the event the purchaser fails to pay any or all of the total purchase price for any lot and Valeona Gallery Inc nonetheless elects to pay the consignor any portion of the sale proceeds, the purchaser acknowledges that Valeona Gallery Inc shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Sale.
Shipping contacts and arrangements:
All items not being picked up at the gallery will be shipped by shipping companies from our suggested list of shippers. Valeona Gallery Inc does not handle any shipping. Buyers must contact shipping company directly after the auction to arrange shipment and payment for shipping. A shipping release form is also required to be filled out and signed in order for us to release the item to the shipping company.
Payment details:
Payment must be received within 1 0days of the auction
Terms are strictly:
- Currency up to $5000.00 (in-house only)
- Wire transfer(contact Valeona Gallery Inc for wire transfer instructions)
- Credit cards (MasterCard & Visa transactions) (subject to 3.6% convenience fee)
- We do not accept credit card with payments over $1,500 at our discretion.
- Money order, certified check, approved personal or business check with proper identification
We reserve the right to hold merchandise until all funds have cleared.
Shipping Terms
All items not being picked up at the gallery will be shipped by shipping companies from our suggested list of shippers. Valeona Gallery Inc does not handle any shipping. Buyers must contact shipping company directly after the auction to arrange shipment and payment for shipping. A shipping release form is also required to be filled out and signed in order for us to release the item to the shipping company.
Sales tax
All purchases which are retrieved at the gallery directly will be subject to Quebec Sales Tax and Federal Sales Tax for a total 14.975% unless (1) the buyer is an out-of province Canadian resident and merchandises are being shipped out of province. All items to be shipped out of Canada shall be invoiced as tax exempt provided that A. the goods are actually shipped out of Canada and B. A copy of the original shipping paperwork is provided by the shipper as proof of export.
