Fine Art Auction, Spring Offers

TERMS AND CONDITIONS OF SALE This auction is presented by Bellas Artes Tenerife Sac (also known as "Bohemian Gallery" or "the auctioneer"). The auction is conducted in accordance with these Terms and Conditions of Sale ("Terms and Conditions"). The Terms and Conditions of Sale as they appear on Live Auctioneers are the most current. By registering and bidding at an auction conducted by Bohemian Gallery, bidders agree to be bound by these Terms and Conditions. These Terms and Conditions of Sale apply to all Bohemian Gallery auctions and private treaty sales. All bidders, whether by telephone, through an agent acting on their behalf, by written or telephone absentee bidding instructions, or by live Internet connection, agree to be bound by these Bidding Terms and Conditions. sale. These are the sole and complete Terms and Conditions under which all properties are offered for sale through Live Auctioneers. All prospective buyers must read these Terms and Conditions before bidding. Bohemian Gallery reserves the right to prohibit any bidder from participating in any auction and to exclude or reject any bid. 1. REGISTRATION All bidders must register their name, email address, permanent mailing address (PO boxes are not accepted), and telephone and/or fax number prior to the auction. All bidders must meet certain bidding requirements and must be in good standing with the auction gallery. Additionally, bidders may be required to present a valid, loaded Visa or MasterCard before being approved to participate in the auction. 2. ACCEPTANCE OF THE CONDITIONS Bidding on any item, whether by absentee bidding or live internet auction, indicates that the bidder agrees to be bound by these Terms and Conditions. Any rights of bidder under this agreement shall be non-transferable and enforceable only by the original purchaser. Bidders bidding from off-site or via the Internet recognize that they may not be able to inspect an item as well as if they had examined it in person prior to the auction. If a buyer/bidder requires absolute certainty in all areas of authenticity, and the results of your evaluation leave some uncertainty in your mind, we strongly recommend that the prospective buyer/bidder have the lot examined by an expert in your area. on your behalf or, if that is not possible, do not bid on the item in question. 3. CONDITIONS OF SALE. Announcements made on auction day will take priority over any prior communications. The auctioneer reserves the right to withdraw any lot at any time prior to its final sale and to reject any bid for any reason. The highest bidder for each lot recognized by the auctioneer will be the "buyer." If any dispute arises regarding any bid, or between two or more bidders, at the auctioneer's sole discretion, the winning bidder will be determined or the disputed lot will be re-placed to the last undisputed bid and resold. In the event of a tie, the first offer received or recognized will win. Properly submitted bids, whether online or through any other means of bidding, may sometimes pass; in such cases, Bohemian Gallery may declare the bid recognized as the winning bid accepted, regardless of whether a competing bid may have been higher. 4. EXECUTION OF CERTAIN OFFERS Bohemian Gallery cannot be responsible for your bidding errors, so please check carefully that all bids have been entered correctly. When identical offers are sent by mail, preference will be given to the first received. To ensure greatest accuracy, your written bids must be received at least two business days prior to the start of the auction. Bohemian Gallery is not responsible for executing mail-in bids received from the day the first lot is sold; Bohemian Gallery is also not responsible for the proper execution of bids submitted via email or the Internet once the auction begins. 5. Bohemian Gallery AS AN AGENT Bohemian Gallery acts as the seller's agent, unless otherwise indicated in this catalog or at the time of auction. From time to time, Bohemian Gallery or its directors may own a lot, in which case we will act as consignor, or we may have a legal, beneficial or financial interest in a lot as a secured creditor or otherwise. Preston Bohemian Gallery has the right to sell certain unsold items after the auction closes. Such lots will be deemed sold during the auction and all of these Terms and Conditions will apply to such sales, including, but not limited to, buyer's premium, return rights and liability disclaimers. 6. ALL PROPERTY IS SOLD "AS IS" All items (lots) are sold "as is and where is". Bohemian Gallery, its agents, affiliates, employees and the consignor (seller) do not guarantee that any lot is merchantable or suitable for any purpose and do not assume any risk, obligation or responsibility for any person as to AUTHENTICITY, GENUINEITY. , CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. These conditions may not be altered or modified except by written instrument, signed by Bohemian Gallery and the buyer. All sales are final, except as indicated in Paragraph 15, WARRANTY OF AUTHORSHIP AND RIGHT OF RECESSATION. 7. CATALOG DESCRIPTIONS AND CONDITION REPORTS Condition reports for any given lot, if available, can be found on Live Auctioneers. Condition reports are provided as a courtesy and are based solely on the opinion and observation of Bohemian Gallery and its staff and no warranty is expressed or implied regarding the quality, rarity, importance or merchantability of an item. In addition, they reflect expectations subject to the age of the lot in question. Condition reports carry no warranty, implied or otherwise, as to their accuracy. The existence of a status report for a given lot does not imply that all aspects of a particular lot have been analyzed. While every reasonable effort is made to respond to all requests for conditions, due to the volume of such requests, Bohemian Gallery cannot guarantee that all requests will receive a response. If a potential bidder has any questions about the condition of a particular lot prior to the auction, and if those questions remain unanswered prior to bidding, Bohemian Gallery strongly recommends that the bidder not bid on the items in question. Every reasonable effort is made to ensure the accuracy of all catalog descriptions; however, Preston Hall's knowledge of each lot often depends in part on the information provided to us by the seller, and Bohemian Gallery Hall cannot and does not conduct extensive due diligence on each and every lot. . . Potential bidders/buyers recognize this fact by bidding accordingly and accept responsibility for conducting inspections to ensure the lots they are interested in purchasing. From time to time, changes and/or additions to the catalog will be posted prior to an auction. Bohemian Gallery makes every effort to upload these changes to our online catalogue; however, potential bidders are encouraged to inquire about such changes prior to bidding. 8. DISCLAIMERS AND EXCLUSIONS Bohemian Gallery does not warrant that clocks, mechanical banks, scientific instruments, electric lamps, music boxes, automated musical instruments, automatons and other mechanical or electrical items or devices are in working condition. Bohemian Gallery disclaims all warranties of authenticity of authorship for all lots consisting of works of art made or attributed to artists, authors or persons living before 1870 and where no artist, author or person is so identified, works attributed to a period. including any dates prior to 1870 and all warranties relating to the identification of periods or dates of execution of the property that may be inaccurate. Bohemian Gallery does not guarantee the names or patterns of any rugs, oriental or otherwise. All dimensions indicated in the catalog are approximate and are not guaranteed. All weights, grades and sizes listed are approximate and not guaranteed. In addition to other disclaimers and exclusions, Bohemian Gallery also has a fine art disclaimer that accompanies many fine art lots. This disclaimer, when present, is considered an integral part of the catalog description of a lot and bidders are encouraged to treat it as such. Lots whose description contains this fine art disclaimer are not guaranteed. 9. BUYER'S PREMIUM Buyer's Premium for all auctions, unless otherwise stated: Bohemian Gallery will collect and retain from the Buyer, as an additional commission, a premium equal to 15% of the Sale Price of each lot. Please note: Buyer premiums may change. Our current buyer's premium will always be posted on Live Auctioneers for each auction. 10. SUPPLY INCREASES Bohemian Gallery reserves the right to reject any offer for any reason. The following increments are used in the auction. If you leave an absentee bid, make sure your bid or bids fall within these increments. Please note: We will automatically reduce your bid to the nearest increment if your bid falls outside the published increment range. For specific bid increments, please refer to the current auction posted on Live Auctioneers, as bid increments may change from time to time, depending on the auction. 11. PAYMENT FOR PURCHASES Full payment is due within five (5) days. Please remember that in addition to the cost of an item, bidders/buyers will be required to pay buyer's premium, shipping charges, and all applicable state and local taxes unless appropriate permits are on file with the auctioneer. Bohemian Gallery will send an invoice via email to selected buyers/bidders after the auction ends. Payment details and corresponding contact information will be provided on your invoice. 12. RISK OF LOSS In the event that Bohemian Gallery is unable to deliver an item to a buyer due to loss by fire, theft or any other reason, the Gallery will only be responsible for the return of any deposit or payment made by the buyer. 13. AUCTION PRE-SALE ESTIMATES AND RESERVES A variety of estimates can be given in batches with a low and high estimate. Estimates should not be regarded as a prediction of the actual selling price of any lot, but are simply an opinion expressed by Bohemian Gallery as to the possible range of value within which an item (lot) could be expected to sell. The actual selling price of a lot may be higher or lower than the estimate. 14. AUTHORSHIP WARRANTY AND RIGHT OF RESCISSION Without prejudice to any of the foregoing conditions, if within 14 days of the date of sale of any lot (excluding those designated with any of the following qualifying terms, "Attributed to", "After", "School of", "Manner of", "Studio of", "Circle of", or "Bears Signature" or those that are specifically designated in their lot descriptions as not guaranteed or returnable), the original purchaser (a) notifies us in writing that the identification of the authorship of such lot is not substantially correct based on a fair reading of the catalogue, including the glossary terms contained therein, and (b) within 5 days of such notification, return the lot to us in exactly the same condition that at the time of sale, and (c) sets out the allegation in the notice to our satisfaction (normally this may require the Buyer to obtain the written opinion of two recognized experts in the field who are mutually accepted by the Buyer). Auctioneer and Buyer (These experts cannot be art dealers or gallery owners or specialists working for other auction houses) the sale of said lot will be rescinded and the original purchase price will be refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or liability with respect to any lot. Consignors agree to reimburse Bohemian Gallery for any and all payments made to Consignors for any property returned to Bohemian Gallery under the terms of its sales termination policy. 15. PROPERTY INSPECTION If a bidder is unable to examine an item in person or if the item in question is not available for preview, he or she is responsible for obtaining a Condition Report for any item he or she is interested in bidding on and an Auction Addendum. , if applicable. she has issued some, before bidding. 16. COPYRIGHT With respect to fine art reproduction rights and copyrights of artists and/or their estates, trusts, etc., Bohemian Gallery and the seller make no representation or warranty that the purchaser of a lot will acquire any rights copyright or any other reproduction right. . 17. LAW AND JURISDICTION The respective rights and obligations of the parties under these Terms and Conditions of Sale shall be governed by and construed in accordance with these terms and conditions and the laws of your country, the United States and the State of Texas (excluding laws applicable to conflicts or choice of law). . . . . The buyer/bidder agrees that any suit may be brought for the enforcement of this agreement, and that any action against Bohemian Gallery in connection with the transactions contemplated by this agreement shall be brought, heard and/or filed in the appropriate forum in its country. United States, the city and county of Dallas, in the courts of the State of Texas or in any federal court sitting there. The bidder/buyer agrees to the non-exclusive jurisdiction of such courts and waives any objection he may have now or in the future to the venue of any such suit. 18.DISPUTE RESOLUTION: The buyer agrees that any dispute arising out of or in any way related to his purchase will be submitted to arbitration under the rules of his country, the United States and the American Arbitration Association. All parties shall bear their own costs, including attorneys' fees, in filing any arbitration. ADDITIONAL TERMS AND CONDITIONS FOR AUTHENTICATION OF FINE ART AND FINE ART PROVENANCE: In the best interest of all interested parties, we provide the following information to alert all bidders of the risks associated with purchasing unauthenticated artwork. Bohemian Gallery is not a recognized authority on works of fine art and we generally do not submit works to any expert or expert committee for review or forensic examination. We believe that authentication is not an exact science. There may be contrary opinions (some favorable and others unfavorable) and any lot may be considered authentic or not, depending on the criteria of the expert or examining specialist. There are risks associated with purchasing a work of art that has not been authenticated and ultimately such a lot may be declared post-work (copy) or counterfeit. The signature, style and composition of the works we offer appear correct in our opinion and are similar to pieces of known authenticity and provenance that we have seen or sold, although neither we nor the consignor can guarantee the authorship or authenticity of any lot. ABOUT THE ORIGIN: We often rely on information provided to us by the consignor, family records or documents, estate documents and/or other third parties. If you have questions about the provenance of a lot, please ask before bidding. Unless otherwise indicated in the description of a lot, no document, letter or certificate of authenticity, or additional provenance information, will accompany any lot. We do not obtain sworn written statements from consignors regarding provenance, so we cannot guarantee their accuracy. Demonstrable provenance can be an important factor in determining authenticity, so bidders are advised not to rely on the declared provenance of the lot when making their bidding decisions. Bidders are cautioned that the provenance of any given lot may contain inaccuracies or omissions that could adversely affect future value and marketability. Any work sold without warranty cannot be returned. All bidders, especially new or inexperienced pickers, are strongly encouraged to seek the opinion of a qualified expert before bidding. Statements by Bohemian Gallery regarding the condition of objects are for guidance only and should not be relied upon as statements of fact, and do not constitute a representation, warranty or assumption of liability on the part of Bohemian Gallery. All lots offered, regardless of condition report, are sold "AS IS".