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 Terms
of use 
DAVID ART GALLERY ON-LINE AUCTION TERMS AND CONDITIONS Participation is conditional on acceptance of this Participant's Agreement: Any person wishing to bid, buy, or sell ("the participant ") at David Art Gallery Auction (D.A.G.A)'s "Online Auction" ("auction") is hereby deemed, by virtue of their registration for this service, to accept the terms and conditions set in this agreement. D.A.G.A. reserves the right to refuse registration at its sole discretion. D.A.G.A.reserves the right to change such terms and conditions, to add new ones, or to omit any of them at its discretion. Any such changes, additions, and omissions will become effective on the date set by D.A.G.A, provided they were posted on D.A.G.A's website for 10 days prior to said date. Continued use of the service provided will constitute agreement with all such changes prevailing from time to time. Limit of Registration The use of the auction for all purposes is limited to persons, of sound financial standing, with a certified banking enterprise, who may lawfully form legally binding contracts who have been properly registered at the auction's site according to the specified registration form. Minors are explicitly excluded. D.A.G.A reserves the right to deny registration to persons who at its sole discretion it determines have not met the terms of eligibility. Information provided by the participant: Information provided by the participant at registration, and such that is modified by him at any time thereafter, must be truthful. The participant must register by his legal name, provide his current address, phone number, e-mail address, and valid credit card information or ID number. Seller's title to auctioned item: The seller of an item on the auction represents and guarantees that he is the lawful owner of said item and have title to it, or that he is in possession of power of attorney from its rightful owner to sell said item. The seller also warrants that the good is free from any lien or encumbrance. Commitment to conclude the transaction: The bidder, whose last bid is declared by D.A.G.A as the winning bid ("winning price"), agrees to take possession of the auctioned item and remove it from D.A.G.A's or the seller's premises within the period and according to the terms specified by D.A.G.A.. The buyer will make all payments due to seller and to D.A.G.A within the period specified. The seller agrees to transfer title and possession of the auctioned item to the buyer designated by D.A.G.A, once he has received payment (net of commissions, fees and deductions, if applicable). Seller and/or bidder agree to pay any additional costs (such as handling and shipping), and all levies and taxes if applicable. D . A . G . A ' s r o l e a n d s e r v i c e s : Location for online auctions: D.A.G.A. provides sellers and buyers of Art Works a structured, secure and safe Internet environment to sell and bid for such items. Estimation of Value Items submitted for sale must be delivered to D.A.G.A's premises at least 10 days before the beginning of the preview period prior to the auction. The Seller is responsible for and costs of packing, shipping and insurance of items to be shipped by him. D.A.G.A undertakes to evaluate the authenticity of objects offered for sale at the auction and appraise their market value. D.A.G.A will provide bidders with such Information, to be posted at the auction's site on the page describing said objects (the market value of an auctioned item is represented in its "Estimate"). Based on the expert examination and evaluation, D.A.G.A will advise the seller of the object's estimated value, authenticity, and condition. D.A.G.A may recommend to the seller to have the object restorated, repaired, framed, etc. The seller will carry the full costs of such restoration, repair, framing, etc. In no event shall D.A.G.A be responsible for the correctness of such Information, and no statement made at the site, sale, invoice or elsewhere - shall be deemed such a guarantee, warranty or representation of liability. D.A.G.A is answerable towards the buyer alone for the identification of the artist who has created the painting, or work of art ("the object") in the catalogue, by putting the artist's full name ahead of the description. The buyer may give notice in writing to D.A.G.A within three months from the date of the sale, that the object he has acquired is not the work of the artist to whom it is attributed in the catalogue. If this claim is accepted by D.A.G.A, the purchase price paid will be refunded to the buyer in full within thirty days of receipt of the written notice, provided that the painting has meantime been returned in the same condition in which it was sold. The buyer shall then have no further claim whatsoever against D.A.G.A. The seller of the object will reimburse D.A.G.A the amount refunded to the buyer. Describing the condition of objects offered at Auction: Objects are sold "as is". D.A.G.A takes upon itself to describe as best as it can the external condition of each object and to present such definition on the web page detailing the object. Images of the items accepted for sale will be shown to the public at this site and in D.A.G.A's showrooms for the duration of the auction. Neither D.A.G.A nor seller makes any warranties or representation of any kind with respect to the condition of objects offered for sale. In no event shall D.A.G.A be responsible for the object's condition, and no statement made at the site, sale, invoice or elsewhere shall be deemed such a warranty or representation of liability. Lots accepted for consignment can be insured at the seller's explicit request at a cost of 1.5% of the item's reserve price. This amount will be charged regardless of whether or not the item is sold. In the case of damage to, or loss of, the lot, D.A.G.A will pay the seller the full amount received from the insurance company. The bidder is encouraged to examine the object being offered for sale at D.A.G.A.'s premises at 107 Hanassi Blvd. Haifa or at any other location specified by D.A.G.A. if the artwork is still in the hands of the seller. The seller agrees to transfer all his rights in the auctioned item to the buyer designated by D.A.G.A, subject to the following conditions: (a)D.A.G.A sold the item to the highest bidder at no less than the reserve price and (b)The entire payment price has been received by D.A.G.A. Fees: D.A.G.A's fees for every sale which is effected by means of the auction will be in the amount of 12% of the sale price as set down in the auction in addition to VAT at the prevailing rate at the time of payment. The fees may be updated by D.A.G.A. provided that 21 days notice of such change is provided by posting on this web site. The commission amount + VAT (and other charges assumed by D.A.G.A on behalf of the seller, if any) will be deducted from the winning price of the item sold. Packaging and Shipping The fee stipulated by D.A.G.A. does not include packaging and shipping of any kind and all such costs are solely for the account of the buyer. Payment: D.A.G.A is responsible for the collection of payments from buyers on behalf of the sellers, and for transferring them to sellers (net of relevant commissions, fees and other deductions, if applicable). The item subject of any particular auction will be released to the buyer only after full payment (including fees, charges, and taxes if applicable) had been received. Guaranteeing a seller's reserve price: Unless a seller specifies a reserve price, his auctioned item is without reserve. Should the seller wish to reserve a minimum price, D.A.G.A must approve such a reserve price as part of the item consignment procedure. If the seller and D.A.G.A cannot agree upon the reserve price, the item will not be transferred to D.A.G.A. and will not participate in the auction. D.A.G.A warrants that an agreed and D.A.G.A-approved reserve price will be the minimum price for which the item will be sold. If that reserve price has not been reached or exceeded the item will remain unsold. Unsold and returned items must be retrieved by the sellers within 10 working days from the closing of the auction. Privacy: All information provided by a participant is applied solely to the transaction of auction or auctions in which he/she is involved. Any such information will not be disclosed to third parties. Consignment of items: D.A.G.A reserves the right to reject consignment of objects/items for sale it deems not suitable for Auction. On the basis of D.A.G.A's examination, evaluation, and appraisal, D.A.G.A may recommend to the seller to have the object restorated, repaired, framed/reframed, etc. D.A.G.A reserves the right to refuse consignment of an object if it deems the object unsuitable for Auction. Withdrawal of items from the auction: D.A.G.A reserves the right to withdraw an item from the auction at any time, to shift an item from one category to another, to reopen and extend items for further bidding, including items that have met the reserve price or for which invoices have been sent, and to terminate a sale prior to the scheduled date at its sole discretion. Refunds and reimbursement: The seller will sign a letter to the effect that he will reimburse D.A.G.A the full amount paid by the buyer within three years from the date of the sale if D.A.G.A decided to refund the buyer because of misrepresentation, and the buyer returned the item. Lack of Liability: D.A.G.A will not be held responsible/liable for any damages to participants resulting from inability to use the site caused by any malfunction or failure, technical or otherwise. Currency denominations: Items are priced in US dollars. Estimates and reserve prices originally denominated by sellers in another currency will be converted into US dollars on the consignment date at the then current conversion rate published by the Bank of Israel. The winning price, fees, taxes, etc. will be converted into Israeli Shekels on the date payment is transferred by the buyer. The rate of conversion from US dollars into Israeli Shekels is the current "cash sale rate" published by Bank Leumi BM on that date. Legal restrictions: Some art objects and antiques may be subject to export restrictions. Compliance with such restrictions is the responsibility of the seller and the buyer and D.A.G.A. bears no responsibility in connection therewith. Notwithstanding the above, D.A.G.A will endeavor to post a notice on the page describing the item notifying bidders of the existence of an export restriction if such is known to it. D.A.G.A makes no warranty or representation, and accepts no liability to any participant in respect of such restrictions. Disputes: D.A.G.A's sale record will constitute conclusive evidence concerning winning bids. The Court of Haifa, Israel shall have exclusive jurisdiction in respect to any dispute that may arise from the sale. |
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