Terms And Conditions

LEONTIA GALLERY AUCTION TERMS AND CONDITIONS

 

1. DESCRIPTION AND CONDITION OF LOTS

Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description of a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we, the auctioneer nor our employees or agents, nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded

 2. Estimates

Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot or its value for any other purposes

3.Bidder Registration and Requirements.

In order to bid, you will need to create an account and register with Leontia Gallery, providing any required contact and payment information, and completing any required forms. We may require you to provide documentation of your identity, bank or other financial references, and other qualifying information in order to bid at any time. In any case, we may refuse registration or bidding access to any bidder at any time at our sole discretion, including, without limitation, if we believe such action is necessary to comply with the law or to maintain the integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any other person or entity to bid using your Leontia Gallery account or login credentials. 

4.Automatic Bidding

 Our online bidding system is an automatic bidding system. When you place a bid on the Services, you enter the maximum amount that you are willing to pay for the item (your “Maximum Bid”). The amount you enter can be the next minimum bid indicated on the Services or any greater amount. 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. We may modify, add or remove bidding increments at our sole discretion at any time before, during or after any auction.

5. Bidder’s Responsibility.

Each bidder that places a bid is required to complete the transaction if they place the winning bid (or their bid is otherwise accepted), as a bid is a legally binding commitment to purchase the item if you are the winning bidder. When you place a bid on any item, you are accepting personal liability for the purchase price, any applicable taxes, any and all shipping and packing costs, and all other applicable charges. You also represent and warrant that any bids placed by you or on your behalf are not the result of any collusive or other anti-competitive agreement and are otherwise consistent with UK law.

6.Our Discretion. 

We reserve the right, at our absolute discretion, to: (i) reject or revoke your registration or permission to bid at any time before, during or after any auction; (ii) reject, revoke or refuse to accept any bid at any time before, during or after any auction (even bids that have been previously confirmed, whether on the Services, by email, text message or otherwise); (iii) determine bidding increments and otherwise advance bidding on the Services at any time in any manner we may decide; and (iv) restart or continue bidding during or after any auction conducted on the Services. 

7. All Bids are Final.

Please note that all bids are final once submitted and may not be cancelled or modified by you, except with our express written consent under circumstances that we consider appropriate at our sole discretion. Potential examples include if a bidder accidentally enters the wrong bid amount on the Services (e.g. £10,000 instead of £1,000), if there is a material change to an item’s listing on the Services after a bid is placed, or if an item is withdrawn from an auction. You must contact us immediately after placing the bid at issue in order to request to cancel or modify any bid placed in error. 

8. Reserves.

Some items in an auction may be offered for sale subject to a reserve price (“Reserve”), as indicated on the Services, which is the confidential minimum price below which the item will not be sold. An item’s Reserve will not exceed its low pre-sale estimate, if applicable.

9.BUY NOW OPTION

Features. You may be able to place orders to purchase some property on the Services using the online purchase feature (“Buy Now”). Where available, the Buy Now feature will be indicated on the Services with a "Buy Now" button. Buy Now orders are binding on the buyer. When you place an order using the Buy Now feature, you are required to complete the transaction subject to these Conditions. If such an item is ordered using the Buy Now feature, it will be withdrawn from the available inventory the seller has pending completion of the Buy Now sale.

Registration and Requirements. In order to participate in Buy Now/Make Offer, you will need to create an Leontia Gallery account and register, provide any required contact and payment information, and complete any required forms. We may require you to provide documentation of your identity, bank or other financial references, and other qualifying information. We may also require that you deposit a portion of any purchase price or offer that you place, in which case, if the sale is not finalized, your deposit will be refunded to you. In any case, we may refuse registration or access to any person at any time at our sole discretion, including, without limitation, if we believe such action is necessary to comply with the law or to maintain the integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any other person or entity to use your Leontia Gallery account or login credentials.

Buyer’s Responsibility. Each buyer that places an order using “Buy Now” or makes an offer using “Make Offer” is required to complete the transaction if they hit the “Buy Now” button, or if their offer which they made using the “Make Offer” function is accepted. When you purchase property or make an offer on any item, you are accepting personal liability for the Total Purchase Price (defined below). You also represent and warrant that any purchases made or offers placed by you or on your behalf are not the result of any collusive or other anti-competitive agreement and are otherwise consistent with UK law.

Our Discretion. We reserve the right, at our absolute discretion, to: (i) reject or revoke your registration or permission to “Buy Now” or “Make Offer” at any time; and, (ii) reject, revoke or refuse to accept any such order or offer at any time (even orders or offers that may have been previously confirmed, whether on the Services, by email, text message or otherwise).

 

All Offers and Sales are Final. Please note that all offers, and sales are final once submitted and may not be cancelled or modified by you. 

Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase the sale contract between the buyer and the seller is concluded. The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, and/or any other taxes or levies that the seller or we are required to collect from the buyer under applicable law; (iii) any and all shipping and packing costs; and (iv) any and all other applicable charges.

Payment Processing.  We use a third-party payment processor, Stripe, that accepts American Express, Visa, and MasterCard. We may place limits on any credit card purchase to process any transaction at our sole discretion. You authorize us to send instructions to the financial institution that issued your credit card to take payments from your credit card account in accordance with the terms of our agreement with you. If any credit card payment is not approved, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made for these sales. Currently, all payments in connection with these sales must be made in the currency specified by us unless we expressly agree otherwise in writing. The buyer is responsible for any foreign exchange costs incurred to make all payments to us in GBP regardless of the buyer’s home currency, should such foreign exchange be necessary. The buyer consents to us retaining commissions out of amounts received from the buyer to the seller for these sales. 

Taxes. The buyer is required to pay any and all sales taxes, VAT, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay any taxes the seller is, or we are, as applicable, required to collect, but the failure of the seller or us, as applicable, to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Unless expressly otherwise indicated, all prices listed on the catalogue are inclusive of taxes.

 

10. AFTER SALE

Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase, and upon the conclusion of any auction sale, the sale contract between the buyer and the seller is concluded, and the buyer must pay the Total Purchase Price no later than 5:00 PM ET on the third (3rd) day after the sale (“Payment Deadline”). The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, VAT and/or any other taxes or levies that the seller or we are required to collect from the buyer under applicable law.

11. Payment Processing

We accept American Express, Visa, Maestro, MasterCard or PayPal. We may place limits on any credit card purchase and/or use third-party payment processors to process any transaction at our sole discretion. If any credit card payment is not approved, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made to us by credit card or any other means. All payments to us must be made in GBP unless we expressly agree otherwise in writing. The buyer is responsible for any currency costs incurred to make all payments to us in GBP regardless of the buyer’s home currency or payment method. If we or the seller incur any bank fees receiving any payment from the buyer by wire transfer, the buyer will be responsible for those costs and agrees that (as applicable) we or the seller may charge those costs to the buyer.

12. Shipping and Handling.

The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. On receipt of purchase order please provide your shipping details immediately for shipping costs to be added to your final total price purchase.

13. Resale.

The buyer must not re-offer any purchased property for sale until the buyer has paid for the property in full and has otherwise assumed legal ownership and physical possession of the property subject to these Conditions.

14. REMEDIES FOR NON-PAYMENT 

If any Lot is not paid for in full, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:

14. i. to proceed against you for damages for breach of contract;
    ii. rescind the sale of that Lot and/or any other Lots sold by us to you;
    iii. to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
    iv. to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
    v. to charge interest at a rate not exceeding 1% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
    vi. to retain that or any other Lot sold to you until you pay the total amount due;
    vii. to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
    viii. to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied. We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.