Internal Auction Terms & Conditions

Supplement to BeArte Gallery General Terms and Conditions

for Seller and Buyer

From BeArte Gallery to You

Handling art on the internet can have its challenges, as colours and even sizes may vary depending on the screen and the eyes of a person. At BeArte Gallery we would like you to feel safe and secure, and to get good service when you make your purchase. Naturally, we comply with the Buying Act and the guidelines for online retailers.

Feel free to contact us via email or phone, regardless of what your inquiry is about.

Should you have any doubts or questions, keep in mind that we are just a call or an e-mail away and that we are always at your disposal.

I. Definitions

  1. BeArte Gallery – based in Højtoften 12, Karlslunde, 2690 Denmark, CVR – DK34129894 – who is an owner of BeArte Gallery Auctions. Hereinafter referred to as ‘BeArte Gallery’
  2. Auction – www.bearte.gallery online auction bidding platform is dedicated to the sale of works of art directly by artists or other Art Sellers. Hereinafter referred to as ‘BeArte Gallery Auctions’
  3. Participant – User who have set up an account on BeArte Gallery Auctions
  4. Art Sellers – Artists or other people/institutions who have full copyright to the item being auctioned, which offers this item for a sale. Hereinafter referred to as ‘Seller/Art Sellers’
  5. Bidder – a Participant actively participating in the bidding. Hereinafter referred to as ‘Bidder’ or ‘Buyer’
  6. Bidding – Submission of the offer by the Participant during the auction. The amount of the offer must be higher than the last offer submitted by other bidders, referring to the rules of the auction
  7. Item – an artwork put up for the auction
  8. Buyer’s premium – an additional amount that the buyer must pay as part of the auction. This price is added to the hammer price. This price covers all BeArte Gallery Auctions services
  9. Starting Price – the price at which the bid begins and below which the item cannot be sold.
  10. Hammer price – the amount bid, the number for which the item was bought at auction
  11. Price realized – the amount on the invoice that the buyer is obliged to pay for the auctioned item. The price realized includes hammer price, transport costs, buyer’s premium, and VAT. Hereinafter referred to as ‘Price realized’
  12. Limit – an order for the automatic bidding of an auctioned item on behalf of the Bidder up to the amount indicated by the Bidder. The limit amount is known only to BeArte Gallery Auctions
  13. Catalogue – displayed collection of works of art that will be put up for auction as part of a specific auction
  14. Offer – the proposal to conclude a sales agreement for the Item on the terms specified by the Seller, including the price and description using the functionality available on the BeArte Gallery Auctions
  15. Transactions – procedures for concluding and performing agreements for the sale of the Item between Bidder and BeArte Gallery Auctions

II. What is the BeArte Gallery Auctions and What kind of auctions it organizes

  1. BeArte Gallery Auctions, part of the www.bearte.gallery website, is an auction platform where BeArte Gallery organizes bidding
  2. Auctions organized at BeArte Gallery Auctions are themed and permanent auctions, divided according to their subject matter
  3. Modern artworks, both paintings and sculptures as well as digital art, can be auctioned at BeArte Gallery Auctions
  4. These items are original unless is differently stated, for example, in the case of Digital Art
  5. Items exhibited in the gallery are the property of artists cooperating with BeArte Gallery or owned by the Bearte Gallery or by cooperating art galleries or private collectors
  6. It is also possible to issue items on the auction by third parties. For this please contact us

Read more about How to bid here

III. How to become the Bidder on BeArte Gallery Auctions

  1. BeArte Gallery Auctions sends notifications about upcoming auctions on the Bearte Gallery site, social media, newsletter, Google Adwords etc.
  2. The buyer registers for the auction through links that redirect the buyer to the selected auction
  3. The registering can be also done directly at BeArte Gallery Auctions
  4. Registering, bidding and using the BeArte Gallery Auctions website is free and allowed for people over 18 years of age
  5. Using BeArte Gallery Auctions means that the Buyer accepts Bearte Auction Regulations
  6. The Buyer, providing data for registration, assures that it is real and up-to-date data

IV. How to put an item for sales at BeArte Gallery Auctions

  1. As a rule, BeArte Gallery Auctions accepts to display on auctions artworks from artists cooperating with the BeArte Gallery
  2. For other Art Sellers – for private persons, external galleries, not cooperated artist participation in BeArte Gallery Auctions is also possible
  3. For this purpose, Art Seller sends a notification to BeArte Gallery Auctions with photos of artworks dedicated for auction, with the description, prices suggestion and proof of ownership
  4. Each Art Seller signs a contract with BeArte Gallery to display artwork in the auction catalogue, BeArte Gallery auction reserves the right to choose the works which will be displayed on the auction
  5. After accepting the work, BeArte Gallery Auctions displays selected works in the auction catalogue

V. How to safely use the auction at BeArte Gallery Auctions

  1. Each Buyer should keep the account login details secret. Sharing this data with a third party is not allowed
  2. BeArte Gallery Auctions is not responsible for damages resulting from sharing data from the account with other people
  3. In addition, BeArte Gallery Auctions may decide to block the Buyers account without giving any reason
  4. The Buyer ensures that will use the platform in a way that does not interfere with the bidding platform rules
  5. It is forbidden, among others, to use programs collecting data at the auction; taking actions that can overwhelm the site, or do any other actions to affect the serviceable work of the site
  6. BeArte Gallery Auctions uses authorized security systems to protect transactions and data

VI. Relations between Buyers and Art Sellers

  1. BeArte Gallery Auctions is a platform through which Buyers and Art Sellers can conclude purchase and sale agreements on offered auctions
  2. BeArte Gallery Auctions is not a party to the transaction between Art Seller and Buyer except in those cases, where BeArte Gallery put up items for auction from our private collection
  3. In the event of a dispute between the Buyer or the Art Sellers, BeArte Gallery Auctions will provide all available help that will help clarify possible discrepancies in positions
  4. Indisputable cases, for example, when the same amount is auctioned at the same time, the bid submitted at the earliest wins
  5. The ultimate decision is made by the Seller of Fine Arts who issued the item
  6. By participating in the auction, the Buyer assumes the obligation to buy the item in the event of winning the auction at the price realized
  7. The price realized is the amount on the invoice which includes all fees, VAT and all other charges provided in the BeArte Gallery Auctions regulations
  8. Artworks exhibited at the auction cannot be sold at this time in a different place than BeArte Gallery Auctions or BeArte Gallery
  9. The Seller declares that he exposes to the auction the work of art which does not contain any legal defects and he has the right to dispose of this item
  10. The Seller undertakes to provide only real data about the artwork
  11. Both parties of the transaction (Buyer and Art Seller) are obliged to make every effort to finalize the transaction

VII. The Bidder obligations

  1. After registering, you do not have to bid, but if you bid and win, you have the obligation to buy the chosen item on price realized
  2. If you pay by bank transfer, you have to pay price realized during 3 days from the end of an auction
  3. If you choose to pay by credit card or PayPal you will be charged immediately
  4. BeArte Gallery Auctions may charge a penalty of 50 € for each day of delay or terminate of the contract
  5. We kindly ask you to provide your shipping address in good time so that we can set the timely delivery of the transaction
  6. The seller is not responsible for the consequences of the incorrect address

VIII. The Art Seller obligations

  1. The seller undertakes to put up for auction only items free from legal defects and those for which he has full copyrights
  2. It is also obliged to properly pack and send the items sold in due time
  3. The seller is also obliged to solve problems in the event of damage or loss of the parcel from the courier company

IX. The right to withdraw from bidding and selling

  1. The Bidder cannot withdraw the participation after his offer was accepted. Participation in the bidding is tantamount to committing to the purchase of the auction item
  2. The Bidder has the right to return the purchased item in 14 days, on general terms related to the return of items purchased online, read more here
  3. The Art Seller who has put an item up for auction cannot sell it at other places before the auction ends
  4. However, if the Seller sells the item on another place, he is obliged to pay BeArte Gallery compensation which is 100% of the start price
  5. The administrator also has the right to block or delete a Participant’s account who broke the rules

X. Tax, buyer’s premium and transport fee

  1. Buyer’s premium is 18% commission on a successful sale transaction, that is from the price realized
  2. The transport costs are calculated based on Buyer’s shipping address and is viasual on the check-out. You can find our shipping prices here
  3. The invoice also lists the VAT. Its amount depends on the tax rate applicable in the Seller’s country and the status of the Seller
  4. BeArte Gallery Auctions is not responsible for the calculation of customs duties or other taxes for which the Buyer and Seller are responsible
  5. Each party settles taxes in accordance with the regulations in force in their own country and related to online trading

XI. Shipping time

  1. The time of delivery depends on the time given by the selected courier company and from the place of delivery
  2. Usually, the time of delivery is up to 7 business days from the auction ends
  3. Detailed information is provided by the Art Seller on the course page

XII. Transaction and Payment

  1. After the 14-day return right BeArte Gallery, without unnecessary delay, sends the payment to Art Seller, reducing 18% from Buyer’s premium
  2. After receiving confirmation of blocking funds on the card or receiving a transfer, the Art Seller organizes transport to the Buyer’s address
  3. Transactions can be done by PayPal system, bank transfer or credit card
  4. All transactions are confirmed by invoices

Read more about Transactions here

XIII. Changes in Regulations

  1. BeArte Gallery Auctions may change the provisions of the Regulations, which will be published on the BeArte Gallery Auctions portal and will come into force on the day of publication
  2. In case of significant changes to the Regulations, BeArte Gallery Auctions Participants will be informed by email 7 days in advance
  3. Participants have the option to reject the proposed new wording of the Regulations – which is tantamount to ordering a closing account on BeArte Gallery Auctions
  4. Participants should inform BeArte Gallery Auctions about this via e-mail. Participants who have not rejected changes in the Regulations accept these changes

XVI. Privacy policy

  1. All personal details of Participants are confidential
  2. None of the data on the Participants, except for the data necessary to perform the service, are made available to the third parties
  3. The data BeArte Gallery Auctions can use are:
  • BeArte Gallery Auctions in order to carry out the transport of the purchased item – the Participant’s data will be made available to the Art Seller
  • BeArte Gallery Auctions in order to verify the Participant can check the quantity and quality of transactions from previous auctions in which the Participant took part
  • BeArte Gallery Auctions can verify the participant’s solvency using the provided credit card. For this purpose, a transaction of EUR 1 may be made.
  • BeArte Gallery Auctions may provide data to authorized entities, for example in the case of calls from public administration bodies, court orders or supervisory authorities
  • BeArte Gallery Auctions can use the collected data for statistical purposes, which will serve to improve and optimize the operation of the website
  1. By creating an account at BeArte Gallery Auctions, Participants agree to receive notifications of new auctions offered by BeArte Gallery or other marketing activities undertaken by BeArte Gallery Auctions
  2. Users can opt out of receiving newsletters by editing their account settings at BeArte Gallery Auctions
  3. The Art Seller undertakes to treat the Participant’s data provided by BeArte Gallery Auctions in a confidential manner and not to disclose it to third parties, except for the necessary actions to be taken to finalize the transaction and in order to send the winning items

Read more about Privacy Policy here

XVII. Disclaimer

  1. BeArte Gallery Auctions makes every effort to provide services of the highest quality
  2. BeArte Gallery Auctions is not a party to the agreement between Buyer and Art Sellers
  3. BeArte Gallery Auctions is not responsible for any risks or possible damage resulting from these contracts
  4. BeArte Gallery Auctions shall not be liable for inappropriate behaviour of Participants regarding contracts concluded through the website
  5. BeArte Gallery Auctions is not providing a guarantee for the finalization of purchase contracts and is not responsible for defects in the quality or defects of the offered goods
  6. BeArte Gallery Auctions is liable only for direct damages resulting from intentional actions or resulting from gross negligence
  7. BeArte Gallery Auctions not responsible for problems caused by minor oversights unless they result from the contract
  8. BeArte Gallery Auctions is not liable for indirect damages or their consequences
  9. BeArte Gallery Auctions is not responsible for any irregularities in the way the website works, in particular in the case of technical problems causing delays or skipped bets
  10. BeArte Gallery Auctions is not responsible for any problems in the course of the auction caused by the lack of Internet access on the part of the User or the Art Seller
  11. BeArte Gallery Auctions may be temporarily unavailable due to technical work on the website. This unavailability cannot lead to any claims
  12. BeArte Gallery Auctions is not liable for financial losses and damages resulting from them unless it results from the contract
  13. BeArte Gallery Auctions shall not be liable for damages caused to Participants, issuers or third parties by other Participants, exhibitors or third parties through improper use of BeArte Gallery Auctions
  14. BeArte Gallery Auctions do not guarantee the timeliness, correctness, legality, completeness and quality of content published by the Art Sellers on the BeArte Gallery Auctions website and excludes liability for them
  15. BeArte Gallery Auctions is not responsible for the omission of bid high that has been received by Art Seller. Participants acknowledge that information about bidding may be transmitted late. Art Sellers can receive information about bid with a certain delay, as well as raises made by other Participants may be visible only after some time
  16. BeArte Gallery Auctions is not responsible for hidden physical and legal defects of purchased objects

XVIII. Severability (salvatorius)

  1. If any provisions of these Terms and Conditions become obsolete in relation to the applicable legal status, this will not affect the validity of the remaining parts of the contract
  2. In case of any ambiguity, only the Danish version of these regulations applies

XIX. Final Provisions

  1. The Regulation is subject only to the laws of the Kingdom of Denmark

How To Contact Us

If you have any questions about the BeArte Gallery Privacy Policy or the practices of this site, please contact us.

/ BeArte Gallery Auctions, Updated January 2019