Modern and Contemporary Middle Eastern Art

What are the Terms and Conditions for Buyers? Terms and Conditions for Buyers These terms apply to Azca Auctions LTD. 1. Definition In these Terms and Conditions, the words ‘Azca Auctions’ refer to the ‘Auction House’. Similarly, the words ‘we’, ‘us’, etc. refer to ‘Azca Auctions’. The word ‘you’ refers to the ‘Buyer’. 2. Agency As Auctioneers, we typically represent the Seller, whose identity is usually kept confidential. When you make a purchase at an auction, your contract for the purchase of the goods is with the Seller, not with Azca Auctions. 3. Buyer’s Premium The Buyer’s Premium will be charged on each lot at 23% on the hammer price plus VAT on all lots. a. VAT Lots marked with the symbol '†' are liable for VAT. The standard VAT rate will apply to both the hammer price and the premium. Marked lots indicate that the Buyer must pay VAT at the standard rate (currently 20%) on the hammer price and the buyer’s premium. Lots without the symbol '†' are VAT exempt. b. VAT Refunds Buyers from outside the UK can receive a refund of the VAT charged on the Hammer Price and Buyer's Premium, or included within the Buyer's Premium instead of VAT, provided that the Buyer has: 1. Registered to bid using an address outside the UK; and 2. Discussed with us the necessary proof of export and the required timeframes to finalise the export process. 4. Import and Export of Goods The Buyer shall bear the sole responsibility for ensuring compliance with all applicable import and export laws and regulations relating to their purchases, including the procurement of any required import and/or export licenses or permits. Buyers planning to import and/or export goods should confirm if any import/export license(s) are necessary and must check for any specific restrictions on importing/exporting items, such as prohibiting materials like ivory, prohibiting the import of artefacts into the USA, or those relating to the introduction and import of cultural goods into the EU, under Regulation (EU) 2019/880. Any refusal or delay of the application of any import and/or export license(s), shall not constitute grounds for the rescission or cancellation of the sale, nor shall it entitle the Buyer to defer or withhold full payment for the Lot. 5. Estimates Estimates are formulated considering market conditions at the time of sale, along with factors like the item's condition, rarity, and quality. They do not provide a guarantee of the value of the item and the final selling price may fall either below or above the estimated range. 6. Reserves Numerous Lots are presented with a reserve price, which is the confidential minimum selling price. The reserve price will never surpass the low estimate listed in the catalogue. Azca Auctions reserve the right to commence the bidding on any Lot below the reserve by making a bid on behalf of the seller and may choose to keep bidding up to the reserve price at their discretion. This can be done by responding to other bidders or by placing successive bids. 7. Sale Finality Under no circumstances may a Buyer cancel the sale of an item purchased through Azca Auctions. All sales are final, and the Buyer assumes full responsibility for the lot upon the fall of the hammer. 8. Item Descriptions Any descriptions or representations in our catalogue, online listings, or other materials, including but not limited to statements regarding origin, date, age, attribution, authenticity, or estimated selling price of any lot, are opinions only. These statements do not constitute a warranty, representation, or assumption of liability by Azca Auctions. Prospective buyers are strongly encouraged to inspect all lots in person or request a condition report prior to the sale to satisfy themselves of the accuracy of any descriptions. 9. Lot Condition and Condition Report All items are sold as seen. Buyers are solely responsible for inspecting the condition of the property before bidding. Condition reports are available upon request to provide additional detail; however, Azca Auctions shall not be held liable for any errors or omissions in these reports. The condition report constitutes a reasonable assessment of the general condition of the lot, provided for informational purposes only. It does not purport to be comprehensive, nor does it represent or warrant the inclusion of all aspects or defects, whether internal or external, relating to the lot. Neither the Seller nor any agent thereof assumes or accepts any duty of care or other legal obligation to the Bidder or Buyer in relation to the provision of this report, which is supplied gratuitously by Azca Auctions, without contractual or statutory liability. 10. Refunds and Cancellations Refunds are only applicable under exceptional circumstances, at the sole discretion of Azca Auctions. If a refund is granted, it will be processed using the same payment method originally used or via bank transfer. Refunds will be issued within 28 days of approval and are subject to all applicable conditions being met. For online only auctions (Timed Auctions) or purchases from our online shop, the cancellation period shall expire after 14 calendar days, commencing on the day following the date on which the Buyer, (or a third party acting on the Buyer's behalf, other than the carrier,) takes physical possession of the lot. 11. Buyer Responsibility By placing a bid, the Buyer confirms that they have reviewed and understood the lot’s description, its condition, and these terms and conditions. The Buyer assumes all responsibility for the lot once the auction concludes. 12. Bidding a. In person bidding: bidders must register their bid with Azca Auctions in order to receive a paddle prior to the sale. b. Telephone bidding: bidders must contact Azca Auctions to place a telephone bid should they not be able to attend in person. Azca Auctions will not be held responsible over issues relating to connectivity, resulting in the failure of the bidder to obtain their lot. c. Commission bidding: bidders must contact Azca Auction prior to the sale and submit their maximum bid in writing. d. Proxy bidding: buyers may be able to bid by proxy. A letter of authorization and an ID will be requested by Azca Auctions prior to the sale. e. Online bidding: bidders are able to bid online, however, Azca Auctions will not be held responsible over issues relating to connectivity, resulting in the failure of the bidder to obtain their lot. 13. Bidding Platforms Azca Auctions offers online bidding on www.azcaauctions.com with a 1% commission. The Buyer may also bid on independent bidding platforms, where an additional fee can be imposed (see their terms and conditions for more details). 14. Proof of Identity and Financial Checks As Auctioneers, we are required to carry out various checks on our customers in accordance with Money Laundering Legislation, sanctions legislation, and other relevant regulations. Azca Auctions will request proof of identity prior to Buyers registering in the sales. Accepted IDs include: a. Valid passport or driving licence. b. Proof of address. c. A telephone number. d. A Bank statement or proof of funds may be requested. e. Company documents for corporate Buyers. 15. Ivory and Restricted Materials Lots marked with the symbol ‘?’ have been identified during cataloging as containing organic material, which may be subject to import or export restrictions. Azca Auctions commits to fully complying with CITES and DEFRA regulations. Buyers are advised to familiarize themselves with all relevant regulations and should anticipate that arranging the export of items may take some time. Azca Auctions recommends that buyers consult their respective government authorities regarding wildlife import requirements before placing a bid. 16. Electrical Goods These items are sold strictly as 'antiques' or 'decorative' pieces. If purchased for functional use, the Buyer should inspect it for compliance with safety standards by a certified electrician beforehand. 17. Watches and Clocks All Lots are sold as they are described, and the absence of any mention regarding the condition of a clock or watch does not imply that the Lot is in good condition, free of defects, repairs, or restorations. Many clocks and watches have undergone repairs over their lifespan and may now contain non-original parts. Additionally, we do not guarantee that any clock or watch is in working order. Due to the intricate mechanisms in clocks and watches, Buyers should note that a general service, battery replacement, or additional repairs, for which the Buyer is solely responsible, may be required. Importantly, the Buyer should be informed that the importation of certain watches like Rolex, Frank Muller, and Corum into the United States faces significant restrictions. These watches cannot be shipped to the USA and must be personally imported. 18. Jewellery Numerous gemstones are treated to improve their appearance, a widely embraced practice in the global jewellery industry. While heat-induced colour enhancements are commonly enduring, they might compromise the durability of certain gemstones. Gems treated with oil may necessitate reapplication of oil periodically. In cases where no gemological report is included in the catalog, prospective Buyers should recognize that the gemstones or pearls might have been enhanced in some manner. 19. Settlement The total sum owed by the Buyer, unless otherwise agreed, must be settled immediately after the Auction without delay, regardless of any other arrangements you may find necessary to procure your purchase, such as a pending application of import and export licensing. Payment to Azca Auctions can be made by bank transfer, credit or debit card payment. Our bank account details will be available on your invoice. Cash payments over £3,000 and third-party payments will not be accepted. Azca Auctions reserves the right to refuse payment should they think that payment doesn’t comply with their anti-money laundering regulations. Payments made by telephone or through secure links may also be accepted to up to £5,000. Third-party payments will not be accepted. 20. Failure to Settle In the event that full payment for a Lot is not met in accordance with these Terms and Conditions, Azca Auctions, acting as the Seller's agent and on our own behalf, retains the right to exercise one or more of the following actions at our absolute discretion, without affecting any other rights we may have: a. Cancel the sale of that Lot or any other sold Lots to the Buyer; b. Offer the Lot for re-sale through auction or privately; c. Arrange for the removal, storage, and insurance of the Lot at the Buyer’s cost; d. Retain the sold Lot until full payment is received; e. Refuse bids from the Buyer in future auctions. 21. Transfer of Property Ownership of the goods will transfer to the Buyer only after Azca Auctions has received full payment for the lots (including applicable taxes, and shipping costs). 22. Storage Storage charges will be incurred if items are not collected within four weeks. These charges will amount to £5 plus VAT per lot for small items, £10 plus VAT for medium items, and £25 plus VAT for large items per day. In addition, there will be an extra transfer charge of £10 plus VAT per lot for large furniture sent to an outside warehouse. If an item remains uncollected two months after the auction date, Azca Auctions reserves the right to sell the item at auction without reserve. From the ‘hammer price,’ Azca Auctions may deduct any amounts owed to them, as well as expenses from all auctions where the item was included, along with storage, loss, and damage warranty charges. 23. Collections The buyer is solely responsible for the collection, packing, handling, shipping and transport of their winning purchase, and for complying with all import and/or export regulations in connection with the lot. Unless specifically stated on your invoice or our sale information, purchased and unsold lots can be collected during Azca Auctions' opening hours. Any delay in collection must be communicated to Azca Auctions. If you wish for a third party to collect on your behalf, we must receive written authorisation from the buyer, confirming who will collect and when. They must bring a valid photo ID with them, when collecting. Azca Auctions must comply with the UK’s Anti-Money Laundering (AML) legislation. We therefore may require a proof of address and a valid form of photo ID for our client records, before we can release the lot(s). 24. Shipping Azca Auctions is not responsible for the packing, posting, shipping or delivering of items, purchased or unsold through an auction, however, a list of suggested shippers will be available for clients. 25. Loss or Damage Azca Auctions will not be liable for any loss or damage to frames or glass covering prints, paintings, or other works. Since old frames are frequently fragile and susceptible to deterioration, while Azca Auctions will make every effort to ensure their safekeeping, they will not provide compensation for any loss or damage resulting from changes in humidity or temperature, normal wear and tear, gradual deterioration, inherent defects, or errors in processing. 26. Data Protection The Buyer acknowledges that any personal information conveyed to Azca Auctions may be disclosed solely for business purposes to a third party or as mandated by law. Azca Auctions will not utilize personal information for any other purpose without the Buyer's prior consent. Azca Auctions affirms that personal data provided by any party will never be sold, lent, or traded. Should Azca Auctions disclose information with a third party, its responsibility is to respect the privacy and confidentiality of its clients. 27. Amendments The current Terms and Conditions may be amended prior to the sale. 28. Governing Law The rights and obligations of any party with respect to these terms and conditions, shall be governed and interpreted in accordance with English law. Buyers and Sellers agree that the Courts of England have exclusive jurisdiction to settle all disputes arising in connection with these terms and conditions. All parties agree that Azca Auctions shall retain the right to bring proceedings to any other court, other than the Courts of England. 29. ARR – Artist’s Resale Rights Living Artist’s or those who died within the last 70 years, and their heirs, are legally entitled to an Artist's Resale Right (ARR) royalty, a percentage of the resale price paid by auction houses and art market professionals each time their work is sold for £1,000 or more. The right only applies when the sale price reaches or exceeds £1,000 and is calculated on a sliding scale. Royalties are also capped so that the total amount of the royalty paid for any single sale of a work cannot exceed £12,500. The table below sets out the sliding scale of royalty payments. It applies to lots with hammer value over £1,000 as follows: 0 to £50,000 - 4% £50,000.01 to £200,000 - 3% £200,000.01 to £350,000 - 1% £350,000.01 to £500,000 - 0.5% Exceeding £500,000 - 0.25% ARR is capped at £12,500 This scale is cumulative and ARR is exempt of VAT. The Buyer is responsible to pay any applicable Artist’s Resale Rights. Lots required to pay Artist's Resale Rights are marked with *ARR in the description. For more information please visit: https://www.gov.uk/guidance/artists-resale-right