External Auction Terms & Conditions for Buyers

BeArte Gallery – Regulations for the External Auctions

for Buyers

 Auction organizer

  1. The organizer of the online art auction is BeArte Gallery, an international online art sales platform, based in Karlslunde, Højtoften 12, DK-2690, Denmark, VAT no. DK34129894, represented by Thomas Lyngskjold and Beata Piechocka, hereinafter referred to as BeArte Gallery Denmark or BeArte Gallery.
  2. The auctions are conducted in accordance with law and regulations of external platforms and countries in which the auction is performed.

 

Auction type

  1.  BeArte Gallery organizes online auctions in real-time via external auction platforms.
  2. Auctions take place in the time zone of the given auction platform.
  3. For those Buyers who can not participate in the online auction, it is possible to submit the Request (fulfilling the form and sending its scan copy) at [email protected] using the Online Auction Request form. Upload the Form for Bidding here.

 

Auction subject

  1. BeArte Gallery puts up artworks for external auction on behalf of artworks’ owners (Sellers).
  2. The subject of the Auction are artworks such as paintings, sculptures, photographies and similar, submitted for sale by their owners.
  3. Items put up for auction, according to the owners’ statement, are free from legal defects and are not charged with third party rights. According to the owners’ declaration, the works are not during any legal, tax or administrative proceedings.
  4. Auction items are available at External Auctions and on the website of the External Auction Platform.

 

Registration to the auction

  1. Everyone who has reached 18 years old, and has registered to participate in the auction in accordance with External Auction Platform regulations, has full rights to participate.
  2. Submission of the Limit Bidding via BeArte Gallery must be made no later than 24 hours before the start of the auction. The submission must be made by the Limit Bidding Form  The scan of Limit Bidding Form must be sent to [email protected]

 

Ending of the auction

  1. The auction ends when the time for which the auction has been set up expires.
  2. If a bid is raised shortly before the end of the auction, the auction may be extended in accordance with External Auction Platform’s regulations.

 

Limit Bidding Request – Authorization for BeArte Gallery

  1. A Request of Bidding with Limit is an authorization for BeArte Gallery to bid on behalf of the client.
  2. The submission of a Request of Bidding with Limit must be made at least 24 hours before the start of the auction.
  3. The Limit Bidding Request must contain the maximum price and information about the work applied by the Buyer. The Limit Bidding Request form is available at www.bearte.gallery or by email [email protected]
  4. The Request Form should be sent to [email protected]
  5. BeArte Gallery each time confirms the acceptance of the Request of Bidding with Limit. The lack of such confirmation means that the Request has not been accepted.
  6. BeArte Gallery reserves the right to not accept a Request of Bidding with Limit for any reason.

 

Prices, commissions, transportation costs

  1. The prices are displayed in the currency of the countries in which the auction takes place.
  2. Auctioned prices include VAT applicable in the country of residence of the artist/seller.
  3. The starting price is determined individually between BeArte Gallery and the seller of the work of art before the auction.
  4. BeArte Gallery reserves the right to set so-called reserved prices, i.e. those below which the item cannot be sold or the owner must agree to this price.
  5. The gallery adds Buyer’s Premium to the auctioned price in the amount of 18% from the auctioned gross price (hammer price)
  6.  Buyer pays the cost for shipping. In some cases, it is possible to order the artwork transported in a tube to lower the freight cost. Artist decide whether this option is available. Please contact us to estimate the cost of transporting: [email protected]. Shipments are always insured by 1% of the total shipping cost. The forwarding is performed by an international courier company like DHL, TNT, UPS or alike.
  7. The auctioned price for the artwork together with the commission and transport cost should be paid to the account of BeArte Gallery within 5 working days after the end of the auction.
  8. The day of closing the transaction is understood as the day on which funds are credited to the BeArte Gallery account.
  9. If the payment is delayed due to the Buyer’s fault, the Gallery may withdraw the contract and cancel the transaction.
  10. The bank account of BeArte Gallery is:

Particulair (BeArte Gallery)
Bank:
Sparekassen Sjaelland
SWIFT: SWESDK22
IBAN: DK2398870000124025
 

  1. At the request of the Buyer, BeArte Gallery may also send a payment link for a credit card or PayPal.
  2. As soon as funds are credited to the Seller’s account, ownership of the work of art passes to the Buyer.
  3. All transactions are confirmed by issuing a VAT invoice to the Buyer by the Seller (owner of the given work).

 

Reception of the auctioned works of art 

  1. In the case of artists residing in a country other than the Buyer’s country, works of art shall be sent to the Buyer’s address.
  2. In the event of bidding for artworks by artists living in the same country as the Buyer, the personal pickup will be possible, but with the consent of the Seller.

 

Privacy Policy

  1. The Buyer as the Auction Participant, by registering for the auction, at the same time agrees to the administration, storage and processing of personal data by BeArte Gallery for purposes related to auctions, in accordance with the Personal Data Protection Act of 10 May 2018, as amended.

 

Exclusion of liability

  1. BeArte Gallery is not responsible for the negligence of the Seller or the Buyer and is not a party to the dispute between these parties.
  2. BeArte Gallery shall not be liable for technical difficulties arising during the auction on External Auction Portal.
  3. In the event of a dispute between BeArte and the parties, the place of settlement shall be the Court of Copenhagen, Denmark.

 

Salvatory clause 

  1. If there are any legal changes in the future that make this document obsolete, it will not affect the validity of the other parts of the contract.

 

/ BeArte Gallery, September 2019