Mivark's Christmas Catalogue

INTRODUCTION MIVARK AUCTIONS IS A BRAND OF PSARONI APS, A DANISH LIMITED LIABILITY COMPANY REGISTERED IN THE KINGDOM OF DENMARK. ANY REFERENCE TO "WE", "US", OR "OUR" REFERS TO MIVARK AUCTIONS (PSARONI APS). ANY REFERENCE TO "PURCHASER", "BUYER", OR "WINNING BIDDER" REFERS TO THE INDIVIDUAL OR ENTITY RECOGNIZED BY THE AUCTIONEER AS THE HIGHEST BIDDER AT THE CLOSE OF BIDDING ON ANY LOT, WHETHER BIDDING IN PERSON, ABSENTEE, ONLINE, OR BY ANY OTHER MEANS. 1. BID PRICE EACH BUYER MUST OBTAIN A BUYER'S NUMBER PRIOR TO BIDDING. THE HIGHEST BIDDER ON A LOT IS DEEMED THE BUYER OF THAT LOT. THE PURCHASE PRICE CONSISTS OF THE HAMMER PRICE (THE WINNING BID) PLUS A BUYER'S PREMIUM, CALCULATED AS FOLLOWS: 25% ON THE FIRST 999.99$, 20% FROM 1,000$ UP TO 4,999.99$, AND 15% ON AMOUNTS EXCEEDING 5,000$. THESE PREMIUMS APPLY REGARDLESS OF THE BIDDING PLATFORM (WHETHER DIRECT, THROUGH LIVEAUCTIONEERS, OR OTHERWISE), UNLESS EXPLICITLY STATED OTHERWISE IN AUCTION-SPECIFIC TERMS. 2. ACCEPTANCE OF BID ONCE AN ITEM IS SOLD, THE AUCTIONEER WILL ANNOUNCE THE WINNING BID AND THE CORRESPONDING BUYER'S NUMBER. FAILURE TO DISPUTE THE BID IMMEDIATELY UPON ANNOUNCEMENT CONSTITUTES FULL ACKNOWLEDGMENT AND ACCEPTANCE OF THE PURCHASE. THE PURCHASER IS LEGALLY LIABLE FOR PAYMENT. SHOULD THE BUYER FAIL TO COMPLETE PAYMENT, THEY WILL BE HELD RESPONSIBLE FOR ANY DIFFERENCE IN PRICE IF THE LOT IS RE-OFFERED AND SELLS FOR A LOWER AMOUNT. 3. REGULATION OF BIDDING THE AUCTIONEER HAS THE SOLE DISCRETION TO REGULATE BIDDING, SETTLE DISPUTES, AND REFUSE BIDS. WE RESERVE THE RIGHT TO WITHDRAW ANY PROPERTY AT ANY TIME BEFORE THE SALE. WE MAY ALSO REJECT ANY BIDDER AT OUR SOLE DISCRETION. WE DISCLAIM ANY LIABILITY ARISING FROM TECHNICAL GLITCHES, DISCONNECTIONS, OR ERRORS ON ONLINE PLATFORMS. PROSPECTIVE BIDDERS ACKNOWLEDGE THAT ANY FAILURE OR DISRUPTION IN INTERNET CONNECTIVITY OR PLATFORM FUNCTIONALITY DOES NOT INVALIDATE A BID OR SALE. 4. ABSENTEE BIDS ABSENTEE BIDS ARE ACCEPTED UNTIL FIFTEEN MINUTES BEFORE THE AUCTION BEGINS FOR ALL LOTS. ABSENTEE BIDS FOR LATER LOTS MAY STILL BE ACCEPTED, SUBJECT TO POSTED ANNOUNCEMENTS. A DEPOSIT MAY BE REQUIRED FOR ABSENTEE BIDS EXCEEDING 4,000$. IN THE EVENT OF A TIE, THE FLOOR BIDDER HAS PRIORITY OVER AN ABSENTEE BIDDER. MIVARK AUCTIONS (PSARONI APS) ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR TECHNICAL FAILURES IN THE EXECUTION OF ABSENTEE BIDS. 5. NO TRANSFERS LOTS CANNOT BE SOLD, TRANSFERRED, OR REASSIGNED TO ANOTHER PERSON BEFORE THEIR REMOVAL. ONLY THE WINNING BIDDER MAY COLLECT THE LOT OR ARRANGE SHIPMENT, WHICH MUST BE ADDRESSED TO THE BILLING ADDRESS PROVIDED AT REGISTRATION. 6. RISK OF LOSS ONCE AN ITEM IS DECLARED SOLD, THE BUYER ASSUMES ALL RISK. IN THE EVENT OF FIRE, THEFT, OR ANY OTHER LOSS PRIOR TO DELIVERY, THE LIABILITY OF MIVARK AUCTIONS (PSARONI APS) IS STRICTLY LIMITED TO THE REFUND OF ANY DEPOSITS OR PAYMENTS MADE BY THE BUYER. 7. NO WARRANTY / "AS-IS" SALE ALL ITEMS ARE SOLD "AS-IS" AND "WHERE-IS". NEITHER MIVARK AUCTIONS (PSARONI APS), ITS AGENTS, NOR THE CONSIGNOR MAKES ANY GUARANTEES, WARRANTIES, OR REPRESENTATIONS REGARDING AUTHENTICITY, PROVENANCE, ATTRIBUTION, PERIOD, CULTURE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. DESCRIPTIONS, INCLUDING ANY CONDITION STATEMENTS, ARE OPINIONS ONLY AND DO NOT IMPLY FLAWLESSNESS. BUYERS ARE STRONGLY ENCOURAGED TO MAKE THEIR OWN EXAMINATIONS PRIOR TO BIDDING. 8. RIGHT OF RESCISSION A BUYER MAY REQUEST A REFUND ONLY IF THE AUTHORSHIP OF A LOT IS SUBSTANTIALLY INCORRECT BASED ON THE AUCTION CATALOG. THE BUYER MUST PROVIDE WRITTEN NOTICE WITHIN FOURTEEN DAYS OF RECEIPT, RETURN THE LOT IN THE EXACT SAME CONDITION AS AT THE TIME OF SALE, AND SUBSTANTIATE THE CLAIM TO OUR SATISFACTION (THIRD-PARTY AUTHENTICATION MAY BE REQUIRED). NO REFUNDS WILL BE ISSUED FOR DISPUTES RELATED TO CONDITION, SIZE, QUALITY, RARITY, PROVENANCE, OR ANY SUPPLEMENTAL CATALOG MATERIAL. THIS RIGHT OF RESCISSION DOES NOT APPLY TO PHOTOGRAPHS CREATED PRIOR TO 1950. 9. APPLICABLE LAW AND JURISDICTION THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY DANISH LAW. ALL DISPUTES ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE RESOLVED EXCLUSIVELY IN THE KINGDOM OF DENMARK. BY BIDDING, ALL PARTICIPANTS IRREVOCABLY CONSENT TO THE JURISDICTION OF DANISH COURTS. 10. LEGAL FEES IN THE EVENT OF ANY DISPUTE OR LEGAL PROCEEDING ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEY'S FEES AND COSTS FROM THE NON-PREVAILING PARTY. 11. ATTRIBUTION AND ARTWORK AUTHENTICITY CATALOG DESCRIPTIONS ARE PROVIDED TO THE BEST OF OUR ABILITY TO ASSIST THE PURCHASER. HOWEVER, MIVARK AUCTIONS (PSARONI APS) MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS AS TO THE ACCURACY OF ANY ATTRIBUTION. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY MISREPRESENTATION, ERROR, OR OMISSION IN A LOT DESCRIPTION. ALL ATTRIBUTIONS ARE OPINIONS ONLY, AND BUYERS ARE SOLELY RESPONSIBLE FOR CONDUCTING THEIR OWN DUE DILIGENCE. THE FOLLOWING TERMINOLOGY MAY BE USED IN THE CATALOG: "BY [ARTIST]" MEANS, IN OUR OPINION, THE WORK IS BY THE NAMED ARTIST. "ATTRIBUTED TO [ARTIST]" MEANS THE WORK MAY BE BY THE ARTIST, BUT THERE IS SOME UNCERTAINTY. "IN THE MANNER OF [ARTIST]" MEANS THE WORK IS NOT BY THE ARTIST BUT IS A STYLISTIC IMITATION. "AFTER [ARTIST]" MEANS THE WORK IS A COPY OF A KNOWN WORK BY THE ARTIST. "CIRCLE OF [ARTIST]" MEANS THE WORK IS FROM THE ARTIST'S PERIOD AND SHOWS THE ARTIST'S INFLUENCE. "FOLLOWER OF [ARTIST]" MEANS THE WORK WAS CREATED BY A STUDENT OR AN ADMIRER OF THE ARTIST. "BEARS SIGNATURE" MEANS THE SIGNATURE MAY BE SPURIOUS. "APOCRYPHAL" MEANS THE WORK'S AUTHENTICITY IS DOUBTFUL. 12. DISPUTE RESOLUTION BEFORE COMMENCING ANY LITIGATION IN DENMARK, ALL PARTIES AGREE TO ATTEMPT TO RESOLVE DISPUTES THROUGH GOOD FAITH MEDIATION. IF MEDIATION DOES NOT RESULT IN A RESOLUTION WITHIN THIRTY DAYS FROM THE REQUEST FOR MEDIATION, EITHER PARTY MAY PROCEED WITH LITIGATION BEFORE THE COMPETENT DANISH COURTS IN ACCORDANCE WITH SECTION 9 OF THESE TERMS AND CONDITIONS. 13. SEVERABILITY AND SURVIVAL IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS DEEMED UNLAWFUL, VOID, OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, SUCH PROVISION SHALL BE MODIFIED OR LIMITED ONLY TO THE EXTENT NECESSARY TO MAKE IT VALID AND ENFORCEABLE, AND THE REMAINDER OF THESE TERMS AND CONDITIONS SHALL REMAIN IN FULL FORCE AND EFFECT. ANY PROVISIONS THAT BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION, COMPLETION, OR EXPIRATION OF THESE TERMS AND CONDITIONS?INCLUDING BUT NOT LIMITED TO GOVERNING LAW, LIMITATIONS OF LIABILITY, AND ATTORNEY?S FEES?SHALL SO SURVIVE. 14. EXPORT/IMPORT & CULTURAL PROPERTY THE BUYER IS SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS, REGULATIONS, AND PERMIT REQUIREMENTS IN CONNECTION WITH THE EXPORT, IMPORT, OR TRANSFER OF ANY LOT. THIS INCLUDES, BUT IS NOT LIMITED TO, OBTAINING ANY LICENSES OR PERMITS REQUIRED UNDER LOCAL, NATIONAL, OR INTERNATIONAL LAWS (E.G., CITES, CUSTOMS REGULATIONS, CULTURAL PROPERTY LAWS). MIVARK AUCTIONS (PSARONI APS) MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER ANY LOT IS OR IS NOT SUBJECT TO SUCH RESTRICTIONS AND DISCLAIMS ANY LIABILITY FOR THE BUYER?S FAILURE TO OBTAIN THE NECESSARY PERMITS OR AUTHORIZATIONS. ANY INABILITY TO EXPORT OR IMPORT A LOT SHALL NOT VOID THE SALE OR ENTITLE THE BUYER TO A REFUND OF THE PURCHASE PRICE. 15. ONLINE BIDDING PLATFORMS WHILE WE STRIVE TO ENSURE FAIR AND EFFICIENT ONLINE BIDDING, MIVARK AUCTIONS (PSARONI APS) IS NOT RESPONSIBLE FOR ANY TECHNICAL FAILURES, INTERRUPTIONS, OR ERRORS CAUSED BY ANY ONLINE PLATFORM, INCLUDING BUT NOT LIMITED TO ISSUES RELATED TO INTERNET CONNECTIVITY, SOFTWARE GLITCHES, OR SERVER MALFUNCTIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO PAUSE, RE-OPEN, OR CANCEL ANY BIDDING IF WE SUSPECT AN ONLINE MALFUNCTION OR OTHER ISSUE HAS COMPROMISED THE FAIRNESS OR INTEGRITY OF THE AUCTION. ALL DECISIONS BY THE AUCTIONEER IN THIS REGARD ARE FINAL AND BINDING. 16. UPDATES OR AMENDMENTS MIVARK AUCTIONS (PSARONI APS) RESERVES THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME, WITHOUT PRIOR NOTICE. ANY SUCH MODIFICATIONS WILL BE EFFECTIVE UPON POSTING THE UPDATED TERMS ON OUR WEBSITE OR OTHERWISE NOTIFYING PARTICIPANTS. FOR EACH AUCTION, THE VERSION OF THE TERMS AND CONDITIONS IN EFFECT AT THE START OF THAT AUCTION SHALL GOVERN ALL TRANSACTIONS AND DISPUTES ARISING THEREFROM. 17. ACCEPTANCE OF TERMS BY BIDDING ON ANY LOT IN AN AUCTION HOSTED BY MIVARK AUCTIONS (PSARONI APS), YOU HEREBY AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS.