Terms and Conditions of Sale
These Terms and Conditions of Sale are made by and between Hankuk Auction Gallery (“Hankuk”, “we”, “us”, “our”) and Bidder (“Purchaser”, “Buyer” or “Agent”). The Terms and Conditions of Sale are subject to amendment by Hankuk at any time. By participating in any sale, Bidder hereby acknowledges to have read and to be bound by these terms and conditions.
1. In order to participate in an auction, Bidder must register by completing the Registration form and getting approval from Hankuk at least 24 hours prior to the start of any sale or Bidder may not able to bid in that sale. Hankuk reserves the right to reject a registration to bid, or withdraw its permission, for any reason at any time prior to, during or after the sale.
2. Bidder shall keep his account details strictly confidential and not permit any third party to use or access his account on his behalf or otherwise. Bidder shall be liable for any and all bids made via his account.
3. All bids submitted are final and irrevocable, whether they are submitted in person, online or by proxy. The highest bidder or its authorized agent shall be deemed to have purchased the offered lot and no bidder shall retract their bid(s). All sales are final.
4. If any applicable conditions herein are not complied with, in addition to other remedies available to Hankuk and the consignor by law, including but without limitation to the right to hold the Purchaser liable for the purchase price, we, at our option, may either:
i. cancel the sale, retaining as liquidated damages all payments made by the Purchaser, or
ii. resell the property on three (3) days notice to the Purchaser and for the account and risk of the Purchaser, either publicly or privately, and in such event the Purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due and incidental damages.
5. Hankuk reserves the right to reject a bid from any bidder. In the event of any dispute between, or in the event Hankuk doubts the validity of any bid, Hankuk shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the item in dispute.
6. The Purchaser agrees to pay, in addition to the purchase price of the item(s) / lot(s), the buyer’s premium, all government taxes and other applicable fees such as the shipping fees. This total becomes the final purchase price.
7. The Purchaser will not be entitled to possession and ownership of any of the said item(s) / lot(s) purchased until the final purchase price has been fully paid.
8. Purchaser shall fulfill payment by wire transfer, credit card or money order. Hankuk reserves the right to retain purchases until such time full payment has been made.
9. All item is sold “as is” and neither Hankuk nor the consignor makes any representations or warranties, expressed or implied, as to the merchantability, fitness or condition of the item, or as to the correctness of description, genuineness, attribution, provenance or period of the item. Absence of condition statements are not indications that item(s) / lot(s) are flawless or without normal signs of wear. Prospective bidders are advised to inspect all item(s) / lot(s) prior to bidding to determine age, condition, size, medium, repairs and any restoration or lack thereof.
10. Hankuk reserves the right to withdraw any property at any time before or after the actual auction. If for any cause whatsoever an item cannot be delivered, the sale of this item will be cancelled and any amount paid for the said item will be returned to the Purchaser in full satisfaction for all claims.
11. International buyers are responsible for meeting all customs / import / export regulations. Hankuk cannot be held liable for domestic or international laws affecting the delivery of the items.
12. If any of the provisions in these Terms and Conditions are held void, invalid, or unenforceable, the other provisions remain in full force and effect. Each provision is severable from all other provisions.
13. This agreement shall be governed, construed and enforced in accordance with the laws of Quebec, Canada.