EROTIC ART!

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, AND LIMITATIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY. CONDITIONS AND TERMS OF SALE The following Conditions of Sale and Warranty Terms constitute the entire agreement with the buyer in relation to the article, lot or item listed by 5 Continents Art 2023 SL. Hereinafter, 5 Continents Art 2023 SL will be called 5 CONTINENTS ART. 5 CONTINENTS ART acts as owner or agent for various owners and consignors. 5 CONTINENTS ART reserves the right to change the terms of sale by means of a written or oral announcement. Any such changes will become part of the Terms of Sale. By bidding on an auction (whether in person, through an agent, by telephone, by absentee bid instruction, or through a live Internet bidding platform), you agree to be bound by these terms. BEFORE PURCHASE Prospective buyers are strongly advised to carefully and thoroughly examine any article, lot or Item, they are interested in before the auction takes place. Status reports for each property, article, lot or Item are generally detailed in the description of each one of them. All lots are sold "AS IS" and without recourse, and neither 5 CONTINENTS ART nor its consignor(s) make any warranties or representations, express or implied, with respect to such lots. No additional information regarding provenance will be provided after the auction. 5 CONTINENTS ART offers a limited warranty only to the original purchaser of record regarding the authenticity of each lot or item for a period of 14 days after the bidder receives the purchased lot, as long as it is indicated in the description that the property/ lot or item has said document of authenticity. If a buyer is not satisfied that the purchased lot is genuine or authentic, the buyer may, at his own expense, obtain the opinion of two mutually agreed recognized experts in the field of the disputed lot. If these experts determine that the article is not genuine, the sole and exclusive recourse of the buyer will be the rescission of the sale and the refund of the amount paid for the article, lot or item. It is specifically understood and agreed that termination of sale and refund are exclusive and in lieu of any other remedy that might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon buyer's return of the property in the same condition as at the time of sale. 5 CONTINENTS ART will not be responsible for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty. The limited warranty does not extend to lots identified as attribution, artist style, in manner of the artist, school, circle, shape, or later. All the authorship of the articles, lots or items of each auction carried out by 5 CONTINENTS ART are described in accordance with the following terms: Signed [Artist Name]: In cases where the signature is legible on the lot, this work is described as is without giving attributions. By [Artist Name]: The work is by the artist. Attributed to [Artist Name]: The work can be attributed to the artist based on style, but there may be some doubt as to the actual authorship. In the manner of/In the style of [Artist Name]: The work was executed by an unknown hand but was deliberately designed to emulate the artist's style. After [Artist Name]: The work was executed by an unknown hand but is a deliberate copy of a known work by the artist. Circle of [Artist Name]: a work from the artist's period that shows his influence, closely associated with the artist but not necessarily his student. [Artist Name] Supporter: A work by a student or a supporter of the artist (not necessarily a student). DESCRIPTION OF ARTICLES/LOTS OR ITEMS 5 CONTINENTS ART tries to provide accurate descriptions and images of the article/lot or item offered through our auctions. But it is the responsibility of each buyer to review all the information provided about the article/lot or item, before placing an order. Notwithstanding the foregoing, we do not warrant that product descriptions, condition reports, images, or other information provided is accurate, complete, precise, reliable, current, or error-free. For alcoholic beverages, images are for illustrative purposes only and such images do not represent the actual items for sale. You acknowledge that the products are sold "AS IS". PRICES All prices published by 5 CONTINENTS ART on LiveAuctioneers are subject to change without notice. We at 5 CONTINENTS ART attempt to provide accurate pricing information regarding items available on our auctions, but we cannot guarantee against pricing errors and are not responsible for typographical or other pricing errors. If an error occurs, we will inform you using the information you provided when placing your order and you can either confirm your order (with the corrected product price) or cancel the order. We reserve the right to cancel any order arising from a pricing error. Published prices are shown in EUROS unless otherwise indicated. BOOKINGS Some of the lots in this sale are offered subject to a reserve, which is the confidential minimum price below which the lot will not sell. A reserve may not be greater than the minimum estimate of the lot. A representative of 5 CONTINENTS ART will execute said reservations through an offer on behalf of the consignor/buyer. WITHDRAWAL 5 CONTINENTS ART, at its sole and exclusive discretion, reserves the right to withdraw any article/lot or item, at any time, prior to the fall of the hammer. BUYER'S PREMIUM A buyer's premium, if any, will be added to the auction price and paid by the buyer as part of the total purchase price. The buyer's premium is 25% of the auction price. All purchases, regardless of bid method, are subject to Buyer's Premium and applicable Sales Tax. An additional fee will be charged on any purchase made through live bidding online. Online live bidders or absentee bidders at liveauctioneers.com or any related site will pay an additional 3% fee on the total price of successful purchases. BIDDING The highest bidder recognized by the auctioneer will be the buyer. The auctioneer has the right to reject any bid, to advance the bid in its absolute discretion and, in the event of a dispute between the bidders, the auctioneer shall have the sole and final right to determine the successful bidder or to re-offer and resell the item in dispute. If any dispute arises after the sale, the 5 CONTINENTS ART Auction's record of sale will be conclusive in all respects. If the auctioneer determines that any initial or subsequent bid or any early bid is not proportional to the value of the Property offered, the auctioneer may reject the bid and withdraw the Property from sale. HAMMER Upon the fall of the hammer, title to any article/lot or item offered will pass immediately to the highest bidder as determined by the auctioneer in its sole discretion, subject to buyer's compliance with these Terms of Sale. At that time, Buyer assumes all risk and responsibility for the article/lot or item sold, agrees to sign any purchase confirmation requested, and agrees to pay the full price, plus Buyer's Premium, therefore or part, depending on the terms that 5 CONTINENTS ART may require. Title to a purchased lot will not pass until 5 CONTINENTS ART has received the full purchase price in cleared funds. PAY You agree to pay the full prices for any purchases you make using means of payment acceptable to 5 CONTINENTS ART. All payments must be in EUROS. We accept payments with PayPal and bank transfer. For payments over 5,000 Euros, bank transfer is the only acceptable payment method. No item will leave our warehouses until full payment is made. 5 CONTINENTS ART reserves the right to retain all merchandise until payments are made to our bank. In the event full payment is not received within 15 days from the auction date, any outstanding amounts will be charged to the credit card on file. If payment is not received 30 days after the sale, a 1.5% monthly fee will be added to the invoice total, and; If a credit card is not available or payment has not been received within 30 days, 5 CONTINENTS ART will seek alternative collection avenues to collect the balance due plus any storage, administration, collection, attorney and/or court fees. After 30 days from the day of sale, storage fees will be charged at $50 per item, per month. If full payment is not received 45 days after sale, all title to any article/lot or item on a bidder's invoice will be forfeited and the bidder will be responsible for any outstanding amounts including, but not limited to, storage charges and collection. Additionally, 5 CONTINENTS ART may report the buyer's name to other auction houses and online platforms regarding creditworthiness and restrict the buyer from future bidding at 5 CONTINENTS ART and our associated online platforms. ORDERS AND CANCELLATIONS Products offered by 5 CONTINENTS ART through LiveAuctioneers are available for purchase at traditional retail using the "PLACE BID" option, in which case multiple LiveAuctioneers users can bid to purchase the selected article/lot or item(s). By making a purchase through our "PLACE BID" option, you agree that the purchase is binding on you so that you agree to purchase the article/lot or item(s) listed in your order and complete the checkout and checkout process. You may cancel an order within twenty-four (24) hours of placing the order by calling immediately. If you cancel an order after twenty-four (24) hours of placing the order, your order may be canceled subject to deduction of a fifteen percent (15%) processing fee. Any amounts refunded in connection with order cancellations will be returned to the payment method used for the original purchase. Neither 5 CONTINENTS ART nor LiveAuctioneers is responsible for any foreign currency exchange fluctuations between your local currency and the currency in which you paid for your purchase, which may affect the amount you are refunded. Orders are subject to product availability, and we may, at our sole discretion, choose to limit, cancel, withhold or prohibit an order for any reason. This may occur, for example, if the ordered product is out of stock (including if another buyer orders a particular product before you) or is incorrectly priced, if we suspect the order is fraudulent, or in other circumstances we deem appropriate at our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed. If we accept your order, we will send you a confirmation email containing your order number, a summary of the items ordered, and shipping and pricing details ("Order Confirmation"). LOCATION OF ARTICLES/LOTS OR ITEMS 5 CONTINENTS ART has warehouses in various parts of the world, it is for this reason that the articles/lots or items purchased by any buyer, will be dispatched according to their location, in perfect condition and will be sent through the exclusive service of DHL Express at low risk and cost for shipping 5 CONTINENTS ART. REMOVAL Article/lot or item purchased at 5 CONTINENTS ART by a successful bidder will not be released to such bidder until full payment of the full purchase price (including buyer's premium if applicable) has been made. In addition to other remedies available by law, we reserve the right to impose from the date of sale a late fee of 1.5% per month of the total purchase price if payment is not made in accordance with these conditions. Please note that 5 CONTINENTS ART reserves the right to refuse to accept payment from a source other than the buyer of record. SHIPPING On completion of payment 5 CONTINENTS ART will help coordinate shipping. For the Buyer's convenience, 5 CONTINENTS ART will handle the packing and shipping of the article, lot or item to the shipping address indicated by the Buyer. 5 CONTINENTS ART Will organize the packing and service of DHL Express for each shipment, this service will be fast, easy and safe to track. After we ship your property, article, lot or item, it will arrive at its destination within 10-20 business days approx. The Bider/Buyer will cover the cost of 100% of the shipment through the indicated courier service, this amount will be add in the final price of the property, article, lot or auctioned item. The insurance of the property, article, lot or item in transit will be 100% responsibility of the buyer. REMEDIES If Buyer fails or fails to comply with any of the conditions set forth herein, Buyer will be in default and, in addition to all legal remedies available to 5 CONTINENTS ART and the consignor at law, including, without limitation, the right to retain the buyer responsible for the entire purchase price, including all fees, charges and expenses set forth more fully herein, 5 CONTINENTS ART, at its discretion, may: a) cancel the sale of that, or any other lot or lots sold to the defaulting buyer in the same auction or any other auction, and withhold all payments made by the buyer as damages; b) resell the property purchased either by public auction or private sale, at the buyer's expense, in which case the buyer will be liable to 5 CONTINENTS ART for all costs and damages, including commissions from both auctions; c) transfer the goods to a public deposit at the expense and risk of the acquirer; d) charge interest at a rate we reasonably select, or e) effect any combination thereof. In any case, the buyer will be responsible for any deficiencies and any and all costs, handling charges, late fees, and expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection and incidental damages. Payment will not be deemed to have been made in full until we have raised good funds. In the event Buyer does not pay any part or all of the total purchase price of any lot and 5 CONTINENTS ART nevertheless elects to pay consignor a portion of the proceeds of the sale, Buyer acknowledges that 5 CONTINENTS ART will have all the rights of the consignor to pursue the buyer for any amount paid to the consignor, whether at law, in equity or under these conditions of sale. In addition, the defaulting purchaser shall be deemed to have granted and assigned to 5 CONTINENTS ART a first priority continuing security interest in any property or money of or due to such purchaser in our possession, custody or control, in each case, whether in at the time of auction, default or if acquired at any time thereafter, and we may retain and apply such property or money as security for obligations owed to us. COPYRIGHT Copyright in all images, illustrations, and written material produced by or for 5 CONTINENTS ART in connection with any property, item, lot, or item including the contents of this catalog, is and shall always remain the property of 5 CONTINENTS ART and will not be used by the buyer, or anyone else, without our prior written consent. 5 CONTINENTS ART reserves the right to reproduce any image of the lots sold in this catalogue. The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matter related to any of the foregoing shall be governed by and construed by the laws of the jurisdiction of each party involved. If any part of these Terms of Sale is determined by a court to be invalid, illegal or unenforceable, that part will be severed, and the remaining terms will continue to apply to the fullest extent permitted by law.