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Roxi Artwork Website Terms and Conditions

 

1. Introduction

These terms and conditions (the “Terms and Conditions”) govern the use of the Roxi Artwork website (the “Site”). The Site is owned and operated by Roxi Artwork. By using this Site, users indicate that they have read and understand these Terms and Conditions and agree to abide by them at all times.

2. Intellectual Property

  • All content published and made available on our Site is the property of Roxi Artwork and the Site’s creators. This includes, but is not limited to, images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.

3. User Accounts

By creating an account on our Site, users agree to the following:

  • Users are solely responsible for their accounts and the security and privacy of their accounts, including passwords or sensitive information attached to those accounts.
  • All personal information provided through user accounts must be up-to-date, accurate, and truthful. Users must update their personal information if it changes.
  • Roxi Artwork reserves the right to suspend or terminate user accounts if they are used illegally or if users violate these Terms and Conditions.

4. Third Party Goods and Services

  • The Site may offer goods and services from third parties. Roxi Artwork cannot guarantee the quality or accuracy of goods and services made available by third parties on the Site.

5. Links to Other Websites

  • The Site contains links to third-party websites or services that Roxi Artwork does not own or control. Roxi Artwork is not responsible for the content, policies, or practices of any third-party website or service linked to on the Site. Users should read the terms and conditions and privacy policies of these third-party websites before using them.

6. Limitation of Liability

  • Roxi Artwork and its directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses (including legal fees) arising from users’ use of the Site.

7. Indemnity

  • Users indemnify and hold harmless Roxi Artwork and its directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses (including legal fees) arising out of users’ use of the Site or violation of these Terms and Conditions.

8. Applicable Law

  • These Terms and Conditions are governed by the laws of the Province of British Columbia.

9. Severability

  • If any provision in these Terms and Conditions is found to be inconsistent or invalid under applicable laws, that provision will be deemed void and removed. All other provisions will remain valid.

10. Changes

  • These Terms and Conditions may be amended from time to time to maintain compliance with the law and reflect changes in the Site’s operation and user behavior.

Auction Terms and Conditions

INTRODUCTION

The contractual relationship of Roxi Art Work and Sellers with prospective Buyers is governed by:-

  • Notice to Bidders
  • Conditions of Sale
  • Roxi Art Work Authenticity Guarantee
  • Any additional notices and terms published on the website
  • Appendix I: Definitions
  • Appendix II: Data Protection
  • Appendix III: Model cancellation form

 

IMPORTANT: IF THE BUYER IS A CONSUMER AND THE SELLER IS A TRADER AND THE PURCHASE OF A LOT IS COMPLETED THROUGH AN ONLINE ONLY AUCTION ONLY, PLEASE CAREFULLY READ CLAUSE 11 OF THE CONDITIONS OF SALE WHICH MAY CONTAIN PROVISIONS RELATED SPECIFICALLY TO ANY RELATED PURCHASES.

 

NOTICE TO BIDDERS

  1. General

1.1 All Auctions are conducted according to Roxi Art Work’s Conditions of Sale as stipulated in the Terms and Conditions

1.2 Roxi Art Work Auctions are public Auctions where bidding takes place online via the iRostrum bidding platform. Telephone Bidding can be arranged on request. Lots are available to view by the public as published on the websites and the Notice to Bidders.

1.3 Roxi Art Work reserves the right at our sole discretion to refuse admission or participation in any Auction without stating a reason.

1.4 Online Only Auctions: If the Buyer is a Consumer and the Seller is a Trader and the purchase of a Lot is completed through an Online Only Auction, please carefully read clause 11 of the Conditions of Sale which may contain provisions related specifically to any related purchases.

  1. Lots

2.1 All Lots are available for examination prior to the sale at the Venue and on the dates as published on the Website.

2.2 Bidders must therefore accept responsibility to carry out examinations and research to satisfy themselves as to the accuracy of descriptions and condition of a Lot before bidding.

  1. Catalogue Descriptions of Lots, Estimates and Images

Each Lot will be published with a written description, Estimate, condition statement and image in the Catalogue

3.1 Descriptions

Any oral and/or written statement made by Roxi Art Work as to attribution, authenticity, description, date, provenance and condition are matters of opinion. Roxi Art Work shall exercise reasonable care and any such opinion shall be honestly and reasonably held. Roxi Art Work knowledge of lots is partly dependent on information provided by the Seller. Whilst Roxi Art Work seeks to describe Lots accurately it is not always possible to carry out exhaustive due diligence on each lot.

3.2 Condition

(i) A brief Condition Statement may be published as part of the Catalogue Description. The Condition Statement and any oral condition information provided by Roxi Art Work is a matter of opinion as held at that time only. Neither Roxi Art Work nor the Seller accept any liability for the correctness of such opinions and all conditions and warranties relating to condition, express, implied or statutory, are hereby excluded.

(ii) Bidders may request a written Condition Report on a Lot’s physical condition from Roxi Art Work. Any written description of the physical condition of a Lot contained in a Condition Report is a matter of opinion as held at that time only. However Roxi Art Work accepts reasonable responsibility to notify any Bidder provided with a Condition Report for a Lot if they become aware of any material change to the condition of this Lot at a later date.

3.3 Estimates

An estimate is an expression of Roxi Art Work’s opinion of the range within which Roxi Art Work thinks the Hammer Price for a Lot is likely to be. It is not an estimate of value and it does not take account of any Buyer’s Premium or Tax payable. Lots can in fact sell for Hammer Prices below and above the estimates. Any estimates should not be relied on as an indication of the actual selling price or value of a Lot.

3.4 Images

Images contained in the Catalogue and elsewhere of any Lots are for identification purposes only. They may not reveal the true condition of the Lot and may not reflect an accurate reproduction of the colour(s) of the Lot.

 3.5 Copyright

The copyright of all images, text and any other materials on the Websites or in any marketing or promotional material belongs to Roxi Art Work. It is not permitted for anyone else to use or reproduce such materials without Roxi Art Work’s prior written consent.

  1. Reserves

4.1 Where a Reserve has been applied to a Lot on behalf of the Seller this will be no higher than the low Estimate.

4.2 Roxi Art Work is not responsible to the Bidder in respect to the presence or absence of any Reserve in respect of any Lot.

4.3 If a Seller requests for a Reserve on a Lot to be reduced during an Auction then any Bids already placed on that Lot that were previously below the reserve and are now equal to or above that Reserve will become accepted Bids. Roxi Art Work accepts reasonable responsibility to notify any effected Bidder of the change to Reserve and subsequent Bid status.

  1. Amendments

Descriptions and Estimates may be amended at Roxi Art Work’s discretion from time to time by written notice on the Website before or during an Auction. It is the responsibility of the Bidder to keep themselves informed of any such amendments.

 

CONDITIONS OF SALE

  1. General

1.1 Roxi Art Work’s Auctions are public Auctions where bidding takes place online via the iRostrum bidding platform. Lots are available to view by the public as published on the websites and the Notice to Bidders.

1.2 Roxi Art Work reserves the right at our sole discretion to refuse admission or participation in any Auction without stating a reason.

1.3 The Conditions of Sale shall also apply to any Private Treaty sales arranged by Roxi Art Work.

  1. Registration

2.1 In order to participate in an Auction, Bidders must register their details on the iRostrum bidding platform thereby agreeing to the Roxi Art Work Terms and Conditions for Buyers.

2.2 Purchased Lots will be invoiced to the name and address as registered.

2.3 Bidders will need to provide Roxi Art Work with proof of identity and proof of registered address on request in a form acceptable to Roxi Art Work and any such other information that may be required in order to comply with our anti-money laundering obligations. Please note that Roxi Art Work may refuse to register a Bidder if they do not provide the requested information and documentation or at Roxi Art Work’s discretion.

2.4 Roxi Art Work reserves the right to impose a bidding limit on any Bidder who has not provided the requested proof of identity.

Bidders may be required to provide some form of identification on request.

  1. Bidding Procedures

3.1 Each Lot has an individual Auction Close Time as stated on the Website.

3.2 Any Bid placed within the last 5 minutes of a Lot’s Auction Close Time will extend this period of bidding by up to 5 minutes to allow time for counter bids.

3.3 Any bid submitted by a Bidder via the iRostrum bidding platform or as an Absentee Bid to Roxi Art Work constitutes a legal and binding offer.

3.4 Any bid made by a Bidder on a Lot will remain valid for the duration of the Lot’s bidding period as stated on the website.

3.5 The Successful Bid in any Auction will be the first highest bid as registered by the iRostrum bidding platform that equals or exceeds the Reserve price at the point of the Lot’s Auction Close Time

3.6 A Bidder accepts that a Successful Bid constitutes a legally binding contract to purchase the Lot at that Hammer Price plus Buyer’s premium, Tax, shipping charge and any applicable Artist Resale Right premium.

3.7 A successful Bidder will be contacted in writing by Roxi Art Work to confirm the successful bid and will receive an invoice shortly after the sale. Any invoice will be drawn under the name of the registered name of the successful bidder.

3.8 Roxi Art Work may set minimum bids or Reserves and are entitled to change these at any time during the Auction period.

3.9 Bidders may not retract a bid except for limited circumstances allowed under applicable law.

3.10 Any bid placed by a Bidder below the Reserve price will no longer be legally binding once the auction has ended.

  1. Increments

4.1 Bidding increments are set at the discretion of Roxi Art Work and are generally set at 10% of the Current Bid

4.2 Where appropriate any Bids submitted that do not comply with the preset increments will be accepted and rounded down to the nearest correct Bid, not exceeding the Maximum Bid amount submitted

  1. Withdrawal of Lots

5.1 Roxi Art Work reserves the right to withdraw any Lot, refuse a Bidder’s registration and refuse Bids, and to otherwise regulate the bidding at anytime.

  1. Purchase Price

6.1 The price payable by the Buyer to Roxi Art Work is equal to the sum of the Hammer Price and Buyer’s Premium of 0% plus Tax at the appropriate rate and any applicable Artist Resale Right premium.

6.2 Buyer’s Premium is calculated at 0% of the Hammer Price and is subject to Tax.

  1. Tax

As standard all lots are sold under the Auctioneer Margin Scheme and as such no Tax is charged on the hammer price, but Tax at the prevailing rate, currently 7% PST and 5% GST, will be added to the buyer’s premium and shown as an inclusive amount. Taxes are only applicable if the purchase is finalized to a buyer in BC, Canada.

  1. Payment

8.1 Payment of the total Purchase Price will be due from a successful Bidder in cleared funds within seven (7) days of the Auction end. Payment must be by one of the methods stated below. Payment made by anyone other than the registered buyer will not be accepted.

Roxi Art Work’s preferred payment method is by bank transfer.

Bank Transfer: You may electronically transfer funds to the Roxi Art Work Client Account. Please quote your invoice number and Surname as the reference. The Roxi Art Work Client Account details will be provided on the invoice.

If paying by bank transfer the amount received after the deduction of any bank fees and/or conversion of the currency of payment into Sterling must not be less than the Sterling amount payable, as set out on the invoice.

All Commercial Cards and Debit Cards and Credit Cards  For all Commercial Debit and Credit Card payments and payments made with debit and credit cards issued by a bank outside the EEA there is a 2.5% surcharge on the total invoice value.

  1. Transfer of Title

9.1 Title to the Lot will only pass to the Buyer on receipt by Roxi Art Work in cleared funds of the full Purchase Price and the Lot will not be released to the Buyer until such time.

  1. Collection and Delivery

10.1 Collection by the Buyer:

10.1.1 Collection of a Lot is at the risk and expense of the Buyer

10.1.2 If the Buyer has asked to collect the purchased Lot from Roxi Art Work’s premises, the Buyer can collect it from Roxi Art Work by appointment during our working hours of 9:00 am to 5:30 pm on weekdays (excluding public holidays);

10.1.3 Details relating to the Collection and Storage of a Lot after an Auction are set out in Bidder Info on the Website; and

10.2 Delivery. Roxi Art Work will ship the Lot via FedEx at the expense of the buyer. The cost of the shipping is in USD and will be noted on the invoice with the total price. Shipping of the Lot will only be conducted once the payment from the Buyer has cleared to Roxi Art Work. Insurance will be included in the shipping price. Roxi Art Work will photograph all works as they are when they are packaged, and should any damage occur, you can submit a claim with FedEx, and Roxi Art Work will provide the packing images for claim purposes only.

10.3 It is the sole responsibility of the Buyer to comply with all export and import regulations relating to your purchases and also to obtain any relevant export and/or import licence(s). Any import/export and/or customs fees that are assessed during the delivery of the package are at the expense of the Buyer.Please refer to the Notice for Bidders for all shipping enquiries and enquires relating to import and export licences.

  1. Additional provisions applicable to Online Only Auctions

IMPORTANT: this clause 11 will apply where the Buyer is a Consumer and the Seller is a Trader and the purchase of a Lot is completed through an Online Only Auction. If the Buyer is unsure about whether this clause 11 applies or any of these terms contained in this clause 11 apply please contact us or for more detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

 

11.1 The Seller is not responsible for delays outside their control. If the making available of a purchase is delayed by an event outside the Roxi Art Work’s control then Roxi Art Work will contact the Buyer as soon as possible to let the Buyer know and Roxi Art Work will take steps to minimise the effect of the delay.

11.2 The Buyers rights to end the Contract for Sale.

11.2.1 When the Buyer can end the Contract for Sale.  The Buyer’s rights to end the Contract for Sale will depend on what they have bought, whether there is anything wrong with it, and how the Seller is performing the Contract for Sale and when the Buyer decides to end the Contract for Sale:

 11.2.1.1 If what the Buyer has bought is faulty or misdescribed the Buyer may have a legal right to end the Contract for Sale of the relevant Lot;

11.2.1.2 If the Buyer wants to end the contract because of something the Seller has done or which the Seller has told the Buyer they going to do; or

11.2.1.3 If the Buyer has just changed their mind about the purchase made under the relevant Contract for Sale, this muse be done prior to the shipping of the Lot to the buyer. If the Lot has shipped, then a refund will only be made once the Lot has been returned, undamaged, to Roxi Art Work, at the buyers expense.

11.2.2 Ending the Contract for Sale because of something the Seller has done or is going to do. If the Buyer is ending the Contract for Sale because the Buyer has a legal right to end the Contract for Sale because of something the Seller has done wrong, the Contract for Sale will end immediately and the Seller will refund the Buyer in full the price paid for any purchases which have not been provided under that Contract for Sale and the Buyer may also be entitled to compensation.

11.3 Our authenticity guarantee. Please see clause 13 for Roxi Art Work’s authenticity guarantee. The authenticity guarantee does not affect the Buyer’s legal rights in relation to a faulty or misdescribed Lot.

11.5 How long does the Buyer have to change their mind? The Buyer has 14 days after the day the Buyer (or someone the Buyer nominates) receives the Lot to exercise their right to change their mind.

11.6 How to end the Contract for Sale (including if you have changed your mind):

11.6.1 Tell Roxi Art Work you want to end the Contract for Sale by doing one of the following:

11.6.1.1 Phone or email. Contact Roxi Art Work at [email protected]. Please provide your name, home address, details of the Lot and, where available, your phone number and email address.

11.7 Returning a Lot after ending the Contract for Sale. If the Buyer ends the Contract for Sale for any reason after delivery has been arranged in respect of the relevant Lot or the Buyer has received the relevant Lot, the Buyer must return the Lot to Roxi Art Work. The Buyer must either return the relevant Lot in person as arranged, post it to Roxi Art Work at 215 3410 Valleyview Drive, Kamloops BC V2C 0M2.  If the Buyer is exercising their right to change their mind they must send off the relevant Lot within 14 days of telling Roxi Art Work they wish to end the Contract for Sale. Where the Buyer is returning the relevant Lot to Roxi Art Work we recommend the Buyer obtains appropriate insurance and retains proof of postage as the relevant Lot remains at the Buyer’s risk until the Lot is received by Roxi Art Work (or any person acting on their respective behalf) or Roxi Art Work or the Seller’s nominated courier – where the Seller is paying the costs of return under clause 11.8 below, please contact Roxi Art Work for details of the required insurance arrangements.

11.8 When the Seller will pay the costs of return. The Seller will pay the costs of return:

11.8.1 if the relevant Lot  is faulty or misdescribed; or

11.8.2 if there is a delay in making the Lot available for delivery due to events outside the Seller’s control or because the Buyer has a legal right to do so as a result of something the Seller has done wrong in relation to the Contract for Sale.

In all other circumstances (including where you are exercising your right to change your mind) the Buyer must pay the costs of return.

11.9 Charges for Collection. If the Buyer is responsible for the costs of return and the Seller (or Roxi Art Work on behalf of the Seller) is collecting the relevant Lot from the Buyer, the Buyer will be charged the direct and reasonable cost of collection.

11.10 How the Buyer will be refunded.  Where a refund is due under this clause 11 the Buyer will be refunded the price the Buyer paid for the Lot, by the method used for payment. However, deductions may be made from the price, as described below.

11.11 Deductions from refunds if the Buyer is exercising their right to change their mind. If the Buyer is exercising their right to change their mind:

11.11.1 the Buyer’s refund of the price may be reduced to reflect any reduction in the value of the Lot, if this has been caused by the Buyer’s handling them in a way which would not be permitted in a shop; and

11.11.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offers. For example, if the Seller offers delivery of a Lot within 3-5 days at one cost but the Buyer chooses to have the Lot delivered within 24 hours at a higher cost, then we the Seller will only refund what the Buyer would have paid for the cheaper delivery option.

11.12 When the Buyer’s refund will be made. Any refunds due to the Buyer will be made by the Seller as soon as possible.  If the Buyer is exercising their right to change their mind then:

11.12.1 If Roxi Art Work has not offered to collect the Lot, the Buyer’s refund will be made within 14 days after the day on which Roxi Art Work or the Seller receives the Lot back from the Buyer or (if earlier) the day on which the Buyer supplies evidence of having sent the Lot back to or the Seller; or

11.12.2 In all other cases, the Buyer’s refund will be made within 14 days after the day the Buyer tells Roxi Art Work the Buyer has changed their mind.

11.13 The Buyer must compensate the Seller if they break the Contract for Sale. If the Seller ends the Contract for Sale in the situations permitted in these Conditions of Sale, the Seller will refund any money the Buyer has paid for any Lot which has not been received by the Buyer pursuant to that Contract for Sale, but the Seller may deduct or charge the Buyer reasonable compensation for the net costs the Seller will incur as a result of the Buyer breaking the Contract for Sale.

11.14 If there is a problem with the Lot

If the Buyer has any questions or complaints about the Lot, in the first instance please contact Roxi Art Work. The Buyer write to Roxi Art Work at [email protected]

11.15 Any Lot supplied must conform to the Contract of Sale. The Seller is under a legal duty to supply Lots that are in conformity with the Contract for Sale.

 

  1. Failure to make Payment or Remove the Lot

12.1 If the Buyer without prior agreement fails to make payment for the lot within seven (7) days of the Auction end and/or the lot is not removed in accordance with this agreement, Roxi Art Work may in our sole discretion exercise one or more of the following remedies (without prejudice to any rights that the Seller may have):

(i) Store the lot at Roxi Art Work’ storage facility or elsewhere at the Buyer’s sole risk and expense;

(ii) Cancel the sale of the lot;

(iii) Set off any amounts owed to the Buyer by Roxi Art Work against any amounts owed to Roxi Art Work by the Buyer for the lot;

(iv) Reject future bids from the Buyer;

(v) Charge interest at 5% per annum above The Bank of Canadas’s Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds;

(vi) Re-sell the Lot by Auction or Private Treaty, following 3 months written notice to the Buyer, with Estimates and Reserves at Roxi Art Work’s discretion. The Buyer will remain liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale. The sale proceeds, less all Roxi Art Work’s costs, will be forfeited unless collected by the Buyer within 2 years of the original auction.

(vii) Exercise a lien over any of the Buyer’s other property in Roxi Art Work’s possession, applying the sale proceeds to any amounts owed by the Buyer to Roxi Art Work. Roxi Art Work shall give the Buyer 60 days written notice before exercising such lien;

(viii) Commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;

  1. Roxi Art Work Authenticity Guarantee

13.1 Notwithstanding the terms set out in condition 3, if Roxi Art Work sells a Lot which is later shown to be a Deliberate Forgery, subject to the terms below Roxi Art Work will rescind the sale and refund the Buyer the total amount paid by the Buyer to Roxi Art Work for that Lot, up to a maximum of the Purchase Price.

13.2 The Guarantee lasts for one (1) year after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable.

13.3 A Deliberate Forgery is a Lot that in Roxi Art Work’s reasonable opinion is an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Auction had a value materially less than it would have had if the lot had not been such an imitation, and which is not stated to be such an imitation in any description of the Lot.

13.4 A Lot will not be a Deliberate Forgery by reason of any damage to, and/or restoration and/or modification work having been carried out on the Lot.

13.5 Please note that this Guarantee does not apply if either:-

(i) The catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or

(ii) The only method of establishing at the date of the sale that the item was a Deliberate Forgery would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical, or likely to have caused damage to or loss in value to the Property in Roxi Art Work’s reasonable opinion; or

(iii) There has been no material loss in value of the Property from its value had it accorded with its catalogue description.

13.6 To claim under this Guarantee, the Buyer must:

(i) Notify Roxi Art Work in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Property, specifying the lot number, date of the auction at which it was purchased and the reasons why it is believed to be Counterfeit; and

(ii) Return the Property to Roxi Art Work in the same condition as at the date of sale and be able to transfer good title in the Property, free from any third party claims arising after the date of the sale.

13.7 Roxi Art Work has discretion to waive any of the above requirements.

13.8 Roxi Art Work may require the Buyer to obtain at the Buyer’s cost the reports of two independent and recognised experts in the relevant field. Roxi Art Work shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at our own expense. In the event Roxi Art Work decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports, provided always that the costs of such reports have been approved in advance and in writing by Roxi Art Work.

  1. Exclusions and limitations of liability to Buyers

14.1 Roxi Art Work shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Deliberate Forgery, subject to the terms of Roxi Art Work’s Authenticity Guarantee as outlined in Condition 13.

14.2 Subject to Condition 14.1, neither Roxi Art Work nor the Seller:

(i) Is liable for any errors or omissions in any oral or written information provided to Bidders by Roxi Art Work, whether negligent or otherwise;

(ii) Gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by Canadian law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;

(iii) Accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by Roxi Art Work in connection with the conduct of auctions or for any matter relating to the sale of any lot.

14.3 Without prejudice to Condition 14.2, any claim against Roxi Art Work and/or the Seller by a Bidder is limited to the Purchase Price for the relevant Lot. Neither Roxi Art Work nor the Seller shall be liable for any indirect or consequential losses.

14.4 Nothing in Condition 14 shall exclude or limit the liability of Roxi Art Work or the Seller for death or personal injury caused by the negligent acts or omissions of Roxi Art Work or the Seller.

  1. Third Party Liability

All members of the public on the premises of the Auction Venues are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly Roxi Art Work shall not incur liability for death or personal injury, except as required by law by reason of our negligence, or similarly for the safety of the property of persons visiting the Venue.

 

Appendix I: DEFINITIONS

“Auction” is the Auction at which a Lot is offered for sale by Roxi Art Work through the iRostrum online bidding platform.

“Authenticity Guarantee” the obligation undertaken personally by Roxi Art Work to the Buyer in respect of any Deliberate Forgery

“Bailee” is a person to whom goods are entrusted

“Bidder” is any person making, attempting or considering making a bid on a Lot, including buyers either through the iRostrum bidding platform or any other means, also referred to as ‘you’.

“Buyer” is the person who makes the highest Successful Bid or offer on a Lot accepted by the iRostrum bidding platform or Roxi Art Work, also referred to as ‘you’.

“Buyer’s Premium” is the commission payable by the buyer on the hammer price at the rates set out in the Notice to Bidders.

“Catalogue” is the online catalogue relating to the relevant Sale published by Roxi Art Work.

“Client Account” is the bank account of Roxi Art Work into which all sums received in respect of the Purchase Price of any lot will be paid, such account to be a distinct and separate account to Roxi Art Work’s normal business bank account.

“Commission” is the commission payable by the Seller to Roxi Art Work calculated at the rates stated in the Receipt & Contract.

“Condition Statement” is any brief description of the condition as mentioned in the Catalogue or provided orally by Roxi Art Work on behalf of the Seller

“Condition Report” is a formal written report on the physical condition of a Lot provided to a Bidder by Roxi Art Work on request

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

“Contract for Sale” is the sale contract entered into by the Seller with the Buyer.

“Deliberate Forgery” is a Lot that in Roxi Art Work’s reasonable opinion is an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Auction had a value materially less than it would have had if the lot had not been such an imitation, and which is not stated to be such an imitation in any description of the Lot.

“Description” any statement or representation in any way descriptive of the Lot, including any statement or representation relating to its authorship, attribution, condition, provenance, authenticity, style, period, age, suitability, quality, origin, value, estimated selling price (including the Hammer Price).

“Estimate” a statement of Roxi Art Work’s opinion of the range within which the hammer is likely to fall.

“Hammer Price” is the highest bid accepted by Roxi Art Work for a Lot that equals or exceeds the Reserve price

“Handling Charge” is the charge payable by the Seller to Roxi Art Work per lot per auction as stated on the Contract.

“iRostrum” is iRostrum Limited a Company registered in England and Wales with company number 8112845 with its registered office at 6 Wellington Cottages, Warren Row, Berkshire RG10 8QX.

“Lot” or “Item” is any item consigned to Roxi Art Work with a view to sell at Auction or by Private Treaty

“Roxi Art Work” is Roxi Art Work registered in BC Canada, also referred to as ‘us’, ‘our’ or ‘we’. 

” iRostrum bidding platform” is the instance of the iRostrum bidding platform licensed by Roxi Art Work and accessed at http://auctions.roxiartwork.ca

“Maximum Bid” is the confidential maximum price submitted by a Bidder for a Lot in an Auction through the iRostrum bidding platform excluding Buyer’s Premium, Tax and AR.

“No Reserve” is where there is no minimum price at which a Lot may be sold.

“Notice to Bidders” the notice published on Roxi Art Work and the iRostrum bidding platform websites.

“Online Only Auctions” is where the Lot is (i) (a) published for auction and (b) purchased in each case (a) and (b) through the use a website at www.roxiartwork.ca and/or the iRostrum bidding platform at auctions.roxiartwork.ca; and (ii) where Consumers are not given the opportunity to attend in person.

“Private Treaty” is a sale of a Lot sold outside of the iRostrum bidding platform.

“Purchase Price” is the sum payable by the Buyer of the Hammer Price, Buyer’s Premium plus Tax at the appropriate rate and any applicable Artist Resale Right premium.

“Reserve” the minimum price at which a Lot may be sold (whether at auction or by private treaty).

“Receipt & Contract” is the form listing the items consigned by the Seller to Roxi Art Work. On signing the Receipt & Contract the Seller authorises Roxi Art Work as their agent to sell the Lot(s) at the agreed Estimates and Reserves as listed on the Receipt & Contract or confirmed in writing at a later date, either by Auction or Private Treaty

“Sale Proceeds” is the net amount due to the Seller from the sale of a Lot, being the Hammer Price less the Commission, any Tax charges, and other charges due to Roxi Art Work.

“Seller” is the person(s) offering a lot for sale as named on the Contract, including their agents or executors, also referred to as ‘you’.

“Successful Bid” is the first highest bid in any Auction as registered by the iRostrum bidding platform that equals or exceeds the Reserve price at the point of the Lot’s Auction End Time

“Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

“Tax” Tax as applicable calculated at the rate at the time of sale.

“Venue” is the temporary location where Roxi Art Work will present Lots available for public view during the published dates as detailed in the Notice to Bidders and on the websites.

“Website(s)” is the Roxi Art Work website at roxiartwork.ca and/or the iRostrum bidding platform website at auctions.roxiartwork.com as indicated.

“Withdrawn Lot” a lot withdrawn from an Auction by Roxi Art Work or the Seller at anytime prior to or during an Auction.

 

Appendix II: DATA PROTECTION – Use of your information

Please refer to the Roxi Art Work Privacy Policy

 

Appendix III: Model cancellation form

(Complete and return this form only if you wish to withdraw from the Contract of Sale and you are a Consumer purchasing a Lot from a Seller who is a Trader completed through an Online Only Auction.)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Lot(s)

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

 

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