Dallas Online Asian Art Auction

Terms & Condition In this Agreement, We/Us/Our shall refer to Black Tortoise Antiques, LLC Please read our terms before registering for bidding. When you click to register on our Auction or when you purchase our products, then it means that you agree to our Terms and Conditions. 1. Before bidding: A. Description: Description of our products and guarantee; description of any product, any statement about the conditions of our products such as; including but nod limited to, condition, author, material, size, weight etc. They are just opinions and cannot be treated as a statement of fact, therefor, no guarantee is provided for the description of any of our products. B. Condition: the physical condition of the lot we auction may be damaged and repaired early due to age, normal samples. The physical condition of lots in our auctions can vary due to age, normal wear and tear, previous damage, and restoration/repair. All lots are sold "AS IS," in the condition they are in at the time of the auction, and we and the seller make no representation or warranty and assume no liability of any kind as to a lot's condition. Any reference to condition in a catalogue description or a condition report shall not amount to a full accounting of condition and may not include all faults, inherent defects, restoration, alteration, or adaptation. Likewise, images in our catalogue may not depict a lot accurately, as colors and shades may appear different in print or on screen than on physical inspection. We are not responsible for providing you with a description of a lot's condition in the catalogue or in a condition report. We are not responsible for providing or describing the description of the situation to you in the situation report in the catalog. If you think the catalog or description is insufficient, we will report if you do not understand the nature or status of the object to be processed, we recommend that you hire a professional consultant. The physical condition of the auctioned lot may be damaged and may be repaired at an early stage. We or the seller make absolutely no statement or guarantee, and we do not assume any for m of responsibility for the state of the lot. Any reference to any situation in the catalogue does not constitute a complete description of the situation, and we shall not be responsible for any malfunctions, repairs, changes and/or updates. We are not responsible for providing or describing any situation to you in the situation report present in the catalogue. If you think that the catalogue or description is insufficient, we recommend that you hire a professional consultant for such a clarification. C.Estimates: The ESTIMATES of the lot/product does not represent the cost price. The valuation of the lot or item is given based on our sales experience in the market. The quotations of the markets (especially art) are subject to change at any time. This valuation cannot be used for insurance, tax, or for any other purposes. D. Withdrawing the listing: We can, at our own sole discretion, decide to withdraw any listing before, during, or after the auction. We shall not be held responsible for any such withdrawal decision. 2. Registration for bidding A.New Bidders: New bidders must be registered for at least twenty-four (24) hours before the auction that you want to take part in. For corporate clients to bid, they must provide their company registration certificate, bearing the company name and the registered address, along with the certified documents of the owner of the said company. If we are not satisfied with the information that you give us during the registration process, we may, in our own sole discretion reject the registration application. If you bid, we may enter into a sales contract with you. If during our investigation, it is found that the corporation has open arrears and/or disputes, then we may reject the advertisement at our own sole discretion. We reserve the right to approve or reject bidders at our own discretion. B. Bidding for others in a representative capacity: If you are representating another person to bid, then your client must be a registered bidder, and must provide us with written authorization. As an agent, you shall be personally responsible for paying the purchase price and all other dues. Unless we agree in writing anything; we will seek payment only from you C.Internet bidder: You can bid in our real time sales though our bidding platform, or alternatively, you can also use other third party bidding websites/services. 3.During the auction: Auction process: Bids usually start with the lowest price and the price is gradually increased at our own sole discretion. After you provide the required information, then your bid is submitted. You agree that your bid is the final bid, and also, that you cannot revoke or modify your bid. You are completely responsible for any mistakes that you may make. In case that there is no bid for the lot, we may mark the product as “unsold” . 4. Bidding Price and Invoicing: whenever the final bid accepted and it is shown to be sold to the bidder, the sales contract between the seller and the winning bidder comes into existence. The winning bid price is the price on the hammer, and we only issue invoices to the registered person who has won the bid. Invoices are sent via email after the auction. We will notify your success via email. 5. After the auction: A.Winning the bid: We charge fifteen (15) percent as commission on any item up to USD 250,000. Any amount exceeding $250,000 is charged with ten (10) percent. B.Taxes: The winning bigger themselves shall be responsible for compliance with any applicable taxes, which includes but not limited to, sales tax, VAT or any other tax. We have Sales tax in the states where it is needed by law. If you have a sales tax Id, then you are required to email that to us. In addition, the winning bidder is responsible for any kind of taxes whatsoever. C.Late Fee:(i) Warehouse storage charge shall start on the first working day after the expiry of seven (7) days from the from the auction date, and we will charge you storage fee for your lot at the rate of $10 per lot per day. (ii) Packaging and Relocation fee: Appropriate fees shall also be charged for packaging, material fee, labour fee, fee of unpaid items etc. All these expenses are to be borne by you. D.Payments: After the auction is concluded, you must immediately pay the price, which shall include the hammer price, as well as any other prices associated with the auction. At most, you can be given up to Seven (7) business days to complete the payment. We only accept payments from accounts that have successfully been registered. Names once put on an invoice will not be liable to be changed. You must pay for the lot in the United States Dollars using one of the methods given below: (i) Credit card: You will be charged two (2) percent fee on credit card transaction; (ii) Wire Transfer: We will release the property immediately after we receive the wire transfer from you; (iii) Cheque: The cheque must be made to the name of Black Turtle Antiques, LLC. After depositing your cheque, the property shall not be released unless your cheque is settled and we receive the funds securely in our bank account.; (iv) Cash: We accept payment in case only via local pick-up buyers. The buyers must provide the invoice number while paying. E.OWNERSHIP TRANSFER: You shall not have any legal ownership right on the lot until we receive the full payment. F. Indemnity: 30 days after the auction ends, if you still have not paid the purchase price, we may, at our sole discretion; cancel the sale of the lot and then re-acution it. You shall be liable for all costs, expenses and damages incurred by us due to the cancellation along with the legal fee. We can make you legally liable for the amount that you owe us as your legal liability. WE can recover our legal expenses as well as any other losses. We can refuse to make any bids by you or your representative in any future auctions. We can choose to take any legal actions as deemed necessary. 6.Shipping: It shall be your responsibility to collect the purchased lot within thirty (30) days after the auction date. We can provide you with local shipping services (such as UPS); but transportation shall be your responsibility. We will send you the shipping release form via email. You shall fill it, sign it and send to us with email. It is your responsibility to arrange all transportation with the carrier and we shall not be held responsible for their actions or negligence in work. We shall not be responsible for any loss or damaged caused once the property has been released to an approved agent. 7.Export import and other risks: Transportation shall be subject to export/import laws of other countries and regions, if you are from outside the US, you may be prevented from importing/exporting large amounts of the goods. IT shall be your responsibility to seek advice and meet any legal requirements for the import and export of goods before purchasing in the US. For example, some type of coral and Brazilian rosewood may be subject to US export controls and national/region import controls. If you plan to import then it shall be your responsibility to comply with the laws. You should also check the relevant wildlife laws and regulations before bidding for any wild animals’ materials. If you have made the purchase nonetheless, it shall be your own responsibility and you shall solely bear the risk. If your products are not able to be exported, imported or transported between states, or the goods are detained by the governmental authorities for any reasons, we shall not take any responsibility. It should be your responsibility to cancel any purchase which violates local laws. You are responsible for determining and satisfying any applicable local laws 8.WARRANTIES: For each of the lot of the seller, the seller warrants that the seller (i)is the owner or the joint owners of the lot, or in joint license. If not so, then the seller is authorized to sell the lot. (ii) has expressed any other statement if required about the restrictions/limitations or any other relevant information associated with the product. Any employee or anyone else working with us has no right to make any statement or providing any information on behalf of us modifying the sellers warranty or create any additional information on behalf of the seller. Such guarantees shall be invalid. 8. Mineral stones: Stones such as jade, emerald, agade etc are mineral stones, and because of the process of how they are formed, there can be natural or unnatural fragility, bumps, lines or other imperfections. These imperfections can be due to age, normal wear and tear and other repairs. All the lots are shown “as is” condition, and the seller makes no declarations or guarantees about it. 9.Musical Instruments: Almost all the musical instruments that we have undergone a period of maintenance during their lifetime. WE do not guarantee that any individual component of any musical instrument is authentic. Musical instruments described as “used” may not be genuine. You yourself are responsible for any possible service, replacement or any other further repairs. We do not guarantee that any musical instrument is in good working conditions. It can be stated in other cases when a certificate is provided to you. 10.YOUR WARRANTY TO US: You guarantee to us and the seller that (a) the funds that you have used for payments are not related to any criminal activities (including but not limited to; tax evasion), and that you have not been investigated, charged or convicted for money laundering, terrorist activities or other criminal activities. (b) if you bid on behalf of others in a representative capacity you warrant to us that (i) you have conducted appropriate customer due diligence on the final buyer of the lot in accordance with all applicable anti money laundering and sanction laws, and you agree that we rely on this due diligence, hence, you are required to retain the evidence of due diligence document for at least five (5) years. You will immediately provide such document for independent third-party auditors. (iii) You have no reason to believe that the funds used for payment are related to any criminal activity (including but not limited to tax evasion) or the proceeds of any criminal activity, or that the final buyer is under investigation, or accused or convicted of money laundering, terrorist activities or other such crimes. 11. Our Responsibilities to You :(a) We do not provide any guarantee for any statement or information provided by us or our representatives or employees on any lot. You purchase or bid on any lot unless we are fraudulent or fraudulent False statement, or the circumstances expressly stipulated in these sales conditions are excluded. (b) We do not provide any representations, warranties or guarantees, or on the marketability, applicability, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, history, The place of origin, place of origin, etc. bear any form of any liability association. Except as required by local law, this paragraph does not include any type of guarantee. (d) Our written and advertising services, online bidding services and status reports are free services, and we are not responsible for any errors, omissions or failures in these services. (e) We are not responsible for anyone other than the buyer of any lot. (f) We are not responsible for any loss of profit or business, loss of opportunity or value, expected savings or interest, cost, damage or expense for any reason. Our Responsibilities to you: (a) We do not provide any kind of guarantee for any statement or information that is provided by us or our representatives and employees. (b) We do not provide any representations, warranties, guarantees about marketability, applicability, description, size, quality, condition, attribution, authenticity, rarity, importance or history. (c) our advertising services bidding services as well as status reports are free services, and we are not responsible for any errors, commissions or defects in these services. (d) We are not responsible to anyone else other than the buyer of any lot € We are not responsible for any loss of profit, or business, opportunity or value for any reason whatsoever. 12. Other terms: A.We reserve any and all other cancellation rights, and we may exercise them at our sole discretion if (i) any of your guarantees/warranties are found to be incorrect/false or fraudulent, then we may cancel the sale of the lot; (ii) We have the reason to believe that the transaction is illegal, wholly or in part; (iii) We have the reason to believe that this sale might make us or the seller liable, or may result in any kind of damage to us. B.Recording: We may record you when you tell us your credit card number on the phone. We shall inform you verbally of the same. C.Copyright: We own the copyright of all images, illustrations, written materials related to the products produced by us or present on our website, including the contents of our catalogue. You cannot use the information anywhere else unless you get a written permission from us. Terms and Conditions for our website can be found at www.blacktortoiseantiques.com. D. Personal Information: We will store and process your personal information in accordance with the privacy policy on www.blacktortoiseantiques.com