Autographs, Letters and Historical Documents

L'Autographe Ltd, a registered company in England under number 114997809, with its registered office at 13 Hanover Square, London W1S 1HN (referred to as ?L?Autographe Auctions?, ?L?Autographe?, ?we? or ?us?), conducts business with Bidders, Buyers, and Sellers (defined below) in accordance with the subsequent Auction Terms and Conditions. These conditions include the Terms of Consignment for Sellers, along with any additional terms, conditions, or notices referenced herein or conveyed through notices displayed within the auction room or communicated through announcements made by us. Bidders are advised to thoroughly review the Auction Terms and Conditions (the ?Terms and Conditions?) and the Terms of Consignment for Sellers before participating in an auction. Placing a bid signifies the acknowledgement and acceptance of these terms and conditions by Bidders and Buyers. We function as representatives of the Seller. However, for confidentiality reasons, the identity of the Seller is typically not disclosed to the Buyer. Upon a successful bid, the contract of sale is directly established between the Buyer and the Seller. 1. Interpretation 1.1. In these terms and conditions, ?Auctioneers? refers to ?L?Autographe Ltd? 1.2. ?Catalogue? refers to the brochure, including any addendum and any other related documents and advertisements regarding a sale. 1.3. ?Conditions? refers to the terms and conditions of sale stated herein. 1.4. ?Hammer Price? refers to the price at which a lot is sold to the Purchaser by the Auctioneers. 1.5. ?Purchaser? refers to the person who buys a lot or lots in accordance with these conditions. 1.6. ?Seller? refers to the person who sells the lot or lots in accordance with these conditions. 1.7. ?VAT? refers to Value Added Tax. 2. Bidding 2.1. The highest bidder for each lot will be considered the Purchaser of that lot. 2.2. No person is allowed to retract a bid. The Auctioneers retain the right to refuse any bid without providing a reason. They also reserve the right to modify, add, divide, consolidate, or withdraw any lot or lots for sale. 2.3. The Auctioneers may set a reserve price for any lot which will not exceed the lower estimate. 2.4. The Auctioneers may bid on behalf of the Seller for lots that have a reserve price. The Seller is not permitted to bid when the Auctioneers have this right. 2.5. In the event of a dispute regarding any bid, the Auctioneers may promptly resolve the dispute, re-auction the lot at the last undisputed bid, or withdraw the lot. 2.6. The Auctioneers accept written commission bids free of charge from individuals who are unable to attend the sale. Bids can also be submitted via telephone and email, but at the sender?s own risk. 2.7. Generally, lots will not be sold below the low estimate unless the auctioneer exercises discretion at the time of the sale. 3. Payment 3.1. Each Purchaser must provide their name, address, and, if required, proof of identity to the Auctioneers during a sale. Additionally, the Auctioneers may request the Purchaser to make a specified deposit. 3.2. The Purchaser is responsible for paying the Hammer Price along with a premium of 25% on the Hammer Price (plus 20% VAT on the premium). By placing a bid, the Purchaser acknowledges their awareness of this requirement and agrees to the Auctioneers receiving the mentioned commission. 3.3. Payment for lots must be made in cash, banker?s draft, or a cheque guaranteed by the issuing bank. Lots will not be released if the payment is made via cheques from Purchasers who are unknown to the Auctioneers until the Purchaser?s bank clears the cheques. Payment can also be made using Visa, Mastercard, American Express, and most debit cards (a surcharge of 3% plus VAT will be applied to payments made through these methods). 3.4. Overseas clients are requested to settle their accounts through bank transfers (details available upon request) or payment with Visa, Mastercard, or American Express (a surcharge of 3% plus VAT will be applied to payments made through these methods). If payment is made using personal accounts in foreign currency, the client is required to add an additional equivalent of ?10 to cover bank conversion charges. The Auctioneer reserves the right to recover any shortfall resulting from bank charges or currency fluctuations from the Purchasers. 3.5. Payments for auction purchases can be made to the Auctioneer?s PayPal account (paypal@lautographe.auction). Payments via PayPal will be subject to a 4% surcharge on the total invoice amount. To expedite the process and for the Purchaser?s convenience, it is advised to inform the Auctioneers after the auction. If desired, a PayPal payment request will be sent directly to the Purchaser via email. 3.6. Payments for auction purchases can be made by using cryptocurrency through our partnered service, Request. Payments via Request will be subject to a 4% surcharge on the total invoice amount. To expedite the process and for the Purchaser?s convenience, it is advised to inform the Auctioneers after the auction. If desired, a Crypto payment request will be sent directly to the Purchaser via email. 3.7. The Auctioneers will not release any lots until they receive full payment from the Purchaser. 4. Risk 4.1. Upon the fall of the hammer, all lots are the sole responsibility and risk of the Purchaser. 4.2. The Purchaser accepts all lots in their current condition. It is the responsibility of the Purchaser to personally inspect or use other means to verify the authenticity, authorship, date, age, period, condition, or quality of any lot before making a purchase. 5. Liability 5.1. Neither the Seller nor the Auctioneers, nor any person employed by the Auctioneers, have the authority to make or provide any representation or warranty regarding any lot. Any implied conditions or warranties are excluded. 5.2. All statements in the Catalogue concerning the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition, or quality of any lot are opinions and should not be considered as statements or representations of fact. Lots are sold with all faults, errors in description, or otherwise. 5.3. In the event of a dispute regarding the authenticity of any lot(s), the Purchaser must return the item(s) to the Auctioneers within 21 days of receipt, accompanied by a formal statement from a recognized expert. The Auctioneers may, at their discretion and without admitting liability, reimburse the price paid by the Purchaser for the affected lot(s). It is important to note that this does not constitute an approval service. 5.4. The Auctioneers and the Seller shall not be held responsible for any loss, damage, or injury incurred by any person on the premises before, during, or after a sale, except in cases of death or personal injury caused by the negligence of the Seller or the Auctioneers. 6. Capacity of Auctioneers 6.1 For all purposes of a sale, the Auctioneers shall be deemed the agent of both the Seller and the Purchaser. They shall not be held responsible for any default on the part of either the Seller or the Purchaser. 7. Delivery and Storage 7.1. VAT at 20% applies to postage. 7.2. Where needed, the Auctioneers will provide complete customs declarations for the Hammer Price, along with the Purchaser?s premium. The Purchaser is responsible for any customs charges imposed by the importing country. 7.3. A fee will be charged for the packing of deliveries, which is subject to VAT at 20%. 7.4. An insurance charge of 1.8% plus VAT will be applied to all invoices for packages sent from our offices. 7.5 Items that remain uncollected may be relocated to storage, and their release will only be initiated upon settlement of the corresponding storage expenses. Should the accumulated storage charges reach a threshold of 50% in relation to the initial Hammer Price paid, or if a period of three months passes from the transfer date, the following actions may be taken at our sole discretion. We reserve the right to re-sell any or all of the stored lots without prior notification and in a manner of our choosing. The proceeds obtained from such re-sale will then be allocated to offset the incurred storage costs. In the event that there is a surplus amount after settling the costs, the Buyer can request the remaining balance. However, it?s important to note that the Buyer will remain responsible for covering any shortfall that may arise. This policy ensures the efficient management of stored items and aids in recovering storage-related expenses while upholding transparency and fairness in our proceedings. 7.6 Upon your request, we will facilitate the delivery of the purchased Lots, contingent upon the payment of a mutually agreed-upon fee. While Lots in transit are not automatically insured, we can certainly arrange insurance if you, as the Buyer, provide a written request for such coverage. The delivery process will be executed in accordance with the terms established with you, the Buyer. This service will be available exclusively during our working days and hours immediately following the sale unless we communicate any alternative arrangements. This approach ensures that your purchased items are delivered securely and in line with your preferences while allowing for insurance coverage if desired. 8. Auctioneers Remedies 8.1 If the Purchaser fails to make full payment for any lot(s) in accordance with these Conditions, the Auctioneers have the following remedies: (a) We reserve the right to terminate the sale agreement immediately. (b) We may retain possession of the Lot and enforce a lien over any property belonging to the Buyer that?s currently under our custody until the outstanding debt is settled. (c) At the Buyer?s cost, we may proceed to remove and/or store the Lot. (d) We hold the authority to initiate legal proceedings against the Buyer on behalf of the Seller to recover the owed sums. (e) We retain the right to disclose the Buyer?s name and address to the Seller, allowing the Seller to commence legal actions for recovery of the due amounts and associated legal expenses. However, reasonable measures will be taken to provide advance notice to the Buyer prior to releasing such information to the Seller. (f) Interest may be charged on any outstanding payments at an annual rate of 8%, calculated on a daily basis from the due date until the actual payment. (g) We may opt to sell the Lot at auction without setting a Reserve Price, utilizing any proceeds gained to offset the Buyer?s outstanding debt. (h) Any monies received from the Buyer may be applied toward payment, either fully or partially, of the sums owed according to these Terms. (i) We hold the prerogative to deny the Buyer?s registration for future sales or to reject any future Bids submitted by the Buyer. These measures are implemented to ensure adherence to the agreed-upon terms, encourage timely payment, and uphold the integrity of the transaction process. 8.2 As the agent acting on behalf of the Seller and also for our own interests, we will engage in the pursuit of the aforementioned rights and remedies. However, we shall exercise these rights and remedies solely to the extent that we consider, at our exclusive discretion, to be reasonable for achieving the appropriate recovery in response to breaches of these Terms and Conditions. It?s important to note that we are not under any obligation to enact any of the rights or remedies listed above. The decision to utilize these actions remains entirely within our discretion, guided by our assessment of what is appropriate and conducive to resolving any violations of the stated Terms and Conditions. 9. Warranties and Limitation of Liability 9.1 The Seller assures and guarantees the Buyer that: (a) The Seller is the rightful owner of the Lot submitted to L?Autograohe Auctions or has been granted complete authorization by the legal owner to sell the Property. (b) The Seller holds the capability to transfer unencumbered and marketable ownership of the Lot to the Buyer, free from any claims or rights held by third parties. (c) The Seller is not aware of any matter or allegation that could render any description provided to L?Autograohe Auctions regarding the Lot inaccurate or misleading in any manner. (d) The Lot has been or will be lawfully imported and lawfully and permanently exported in compliance with the regulations of any country it is or was situated in. All requisite declarations pertaining to the export and import of the Lot have been or will be accurately completed, and any applicable duties and taxes related to its export and import have been or will be settled by the Seller. 9.2 Neither L?Autograohe Auctions nor the Seller assumes responsibility for any errors or omissions conveyed to Bidders by L?Autograohe Auctions, whether conveyed verbally or in writing, irrespective of whether they arise from negligence or any other source. 9.3 With the exception of the express warranties furnished by the Seller to the Buyer in the Terms of Consignment for Sellers, neither L?Autograohe Auctions nor the Seller extends any form of guarantee or warranty to the Bidder. Implicit warranties and conditions are explicitly excluded, except in instances where such warranties and conditions cannot be legally excluded. 9.4 Neither L?Autograohe Auctions nor the Seller is accountable to any Bidder for actions or omissions?whether due to negligence or other causes?by L?Autograohe Auctions regarding the execution of any auction. 9.5 Any claim by a Bidder or Buyer directed towards L?Autograohe Auctions or the Seller is restricted to the Purchase Price pertaining to the relevant lot. This claim shall not encompass indirect or consequential losses under any circumstances. 9.6 These Terms and Conditions do not curtail or eliminate our liability for: (a) death or personal injury resulting from our negligence; (b) fraudulent misrepresentation or fraud; or (c) any other form of liability that cannot be excluded or restricted under English law. 10. KYC and KYB Suppose this marks your initial participation in Apollo Art Auctions or you?re a returning bidder who hasn?t engaged with us through a purchase in the past two years. In that case, it is essential to complete your registration a minimum of 72 hours before an auction. This timeframe ensures adequate processing and approval of your registration. It is important to note that we retain the discretion to decline your registration request. To initiate the registration process, the following details are required: (a) For individual bidders: Valid photo identification (such as a driver?s license, national identity card, or passport). Additionally, if your current address is not displayed on the provided identification, please furnish proof of your present address, which can be a recent utility bill or bank statement. (b) For corporate clients: Please provide your Certificate of Incorporation or equivalent documents that display your company?s name and registered address?additionally, supply documentary evidence of directors and beneficial owners. (c) For trusts, partnerships, offshore entities, and other business structures: Kindly contact us in advance to discuss the prerequisites for registration. This process enables us to ensure the integrity and transparency of our auctions while maintaining a secure environment for all participants. After your first registration on our platform, we will send an email and link to complete the verification process. 11. Deliberate Forgeries 11.1 Despite the provisions set out in paragraph 9, any Lot proven to be a Deliberate Forgery may be returned to L?Autographe Auctions by the Buyer within 21 days from the relevant Date of Sale. This return is contingent upon the Lot maintaining the same condition as when initially acquired. The return must be accompanied by details that differentiate it from the pertinent catalogue description, along with a written declaration highlighting its defects. If, at our sole discretion, we are convinced that the aforementioned criteria are met and that the Lot is indeed a Deliberate Forgery, the sale will be annulled. In such a case, L?Autographe Auctions will reimburse the Hammer Price and the Buyer?s Premium paid by the Buyer for the Lot. This is subject to L?Autographe Auctions receiving the return payment from the Seller. 11.2 The provisions in Paragraph 11.1 shall not apply under the following circumstances: (1) When the catalogue description reflected the prevalent consensus among scholars and experts as of the sale date or when it indicated a disparity of opinion. (2) If, at the time of sale, the sole means of establishing the Lot as a Deliberate Forgery was either not widely available or accepted, excessively costly, or unfeasible to employ. Furthermore, if utilizing such a method would have risked causing damage or diminishing the value of the lot (according to our reasonable judgment). (3) When the Lot?s value has not materially decreased from its valuation, had it aligned with its description. 11.3 In the event that the Buyer is unable to transfer a valid and marketable title to L?Autographe Auctions, the Buyer is precluded from any rights under this paragraph 11. The right to return, as specified in this paragraph 11, is supplementary to any rights or remedies provided by law or these Terms and Conditions. 11.4 L?Autographe Auctions retains the prerogative to request, at the Buyer?s cost, reports from up to two independent and recognized experts in the relevant field. These experts must be mutually agreeable to both L?Autographe Auctions and the Buyer. The reports produced by the Buyer will not bind us, and we reserve the right to seek further expert advice at our own expense. 11.5 To eliminate any ambiguity, our utmost liability towards the Buyer is the combined value of the Hammer Price and the Buyer?s Premium. We shall not be liable for or refund any additional costs, fees, shipping, loss of profit, damages, or consequential expenses. 12. General 12.1 L?Autographe Auctions retains the right to modify these Terms and Conditions at any given time. 12.2 L?Autographe Auctions reserves the absolute discretion to deny access to its premises or participation in its auctions to any individual. 12.3 Catalogue descriptions of specific types of goods may employ specialized terminology. These descriptions should be understood in alignment with any glossary provided within the auction catalogue. 12.4 All visuals and other materials generated for the auction are copyrighted by L?Autographe Auctions and are subject to use at the discretion of L?Autographe Auctions. 12.5 Any extension or waiver granted by L?Autographe Auctions for a particular Lot shall not impinge on the enforceability of these Terms and Conditions. Should any provision of these Conditions of Business be deemed unenforceable, the remaining provisions shall remain valid. 12.6 Any Buyer or Seller cannot transfer these Terms and Conditions without the prior written consent of L?Autographe Auctions. However, they are binding upon the successors, assigns, and representatives of both the Buyer and the Seller. No action, inaction, or delay by L?Autographe Auctions shall be interpreted as a waiver or relinquishment of any rights. 12.7 The application of the Contracts (Rights of Third Parties) Act 1999 is excluded by these Terms and Conditions and does not apply to any contracts established in accordance with them. 12.8 The entirety of the agreement between the parties encompasses these Terms and Conditions, the Terms of Consignment for Sellers, and any supplementary notices issued by L?Autographe Auctions. It is mutually agreed upon that no party has entered into any contract based on these terms relying on any representations, warranties, or undertakings not explicitly referenced in these documents except with regard to fraudulent misrepresentation liability. 13. Bidding Increments Bidding increments are subject to the sole discretion of L?Autographe. To provide illustrative examples: (a) ?0 to ?200 ? in increments of ?10 (c) ?201 to ?500 ? in increments of ?20 (d) ?501 to ?1,000 ? in increments of ?50 (e) ?1,001 to ?2,000 ? in increments of ?100 (f) ?2,001 to ?5,000 ? in increments of ?200 (g) ?5,001 to ?10,000 ? in increments of ?500 (h) ?10,001 to ?20,000 ? in increments of ?1,000 (i) ?20,001 to ?50,000 ? in increments of ?2,000 (j) ?50,001 to ?100,000 ? in increments of ?5,000 (k) ?100,001 to ?250,000 ? in increments of ?10,000 (l) ?250,001 and up ? in minimum increments of ?25,000 14. Online Bidding L?Autographe Ltd provides an online bidding service for bidders unable to attend the sale. However, please note that a charge of 5% + VAT is applicable to all purchases made through The Saleroom, Invaluable, Live Auctioneers and Drouot By completing the bidder registration and providing your credit card details, unless alternative arrangements are agreed upon with L?Autographe Ltd: a) You authorise L?Autographe Ltd, if they choose, to charge your credit card for partial or complete payment, including all fees, for successfully purchased items in the auction. b) You confirm that you are authorised to provide the credit card details to l?Autographe Ltd and agree that the goods may be shipped to the cardholder?s name and address provided for the completion of the sale. c) You accept that an additional surcharge will be applied to your invoice for using the online bidding facility, as specified in the clause mentioned above. 14. Non-Fungible-Tokens (NFTs) Revolutionizing Collecting: Dual Ownership with Physical Items and NFTs In a bold stride towards redefining the art of collecting, L?Autographe Auctions introduces a cutting-edge convergence of physical and digital ownership. Prepare to embark on a journey where cherished items transcend their physical existence and manifest in the digital realm as Non-Fungible Tokens (NFTs). The Synergy of Physical and Digital Our commitment to innovation drives us to combine the tangible allure of physical collectibles with the revolutionary potential of NFTs. Starting now, every item you acquire through L?Autographe Auctions auctions will be paired with an exclusive NFT, creating a parallel dimension of ownership. Empowering You, Preserving Our Rights While you gain ownership of the physical item, we retain the copyrights to the digital representation encapsulated within the NFT. This ensures the authenticity and quality that L?Autographe Auctions stands for, safeguarding the integrity of your collection. Unlock Complete Ownership For those who yearn to explore both realms of ownership?physical and digital?we present an extraordinary opportunity. As a buyer of a physical item, you hold the key to acquiring full control over the NFT?s digital copyright. How It Works Simultaneous Purchase: When you secure a physical item through L?Autographe Auctions auctions, you have the option also to secure the corresponding NFT, including its digital copyright. This exclusive chance is available at a nominal price?25% of the physical item?s selling price. Unifying Ownership: By purchasing the NFT and its digital copyright alongside the physical item, you unite both forms of ownership, creating a harmonious connection that bridges the physical and digital realms. Our Commitment to Dual Ownership For those who choose not to extend their ownership to the digital realm, rest assured that we will diligently safeguard the NFT and its copyrights. In such cases, we retain the rights to manage and, if necessary, dispose of the NFT as we see fit. Your Collection, Your Choice At L?Autographe Auctions, we are thrilled to pioneer this groundbreaking approach to collecting. By marrying the past and future, we offer you an opportunity to own a piece of history in both the physical and digital dimensions. Embrace the exciting journey of dual ownership and join us as we redefine the very essence of collecting. 15. Jurisdiction These Conditions are governed by English law, and the parties agree to the exclusive jurisdiction of the United Kingdom courts. 16. Contact Details L?Autographe Ltd address is: 13 Hanover Square London, W1S 1HN United Kingdom L?Autographe Ltd?s phone number is: +44 203 535 0363 L?Autographe Ltd?s email is: info@lautographe.auction