Terms and Conditions
CONDITIONS OF SALE
These Conditions of Sale set out the terms on which Japanese Gallery (also referred to as "we", "us", "our" and "ourselves" in these Conditions of Sale) and the seller offer the lots listed in the Sale Particulars.
You should read these Conditions of Sale and the Sale Particulars carefully before PLACING ANY BID OR OFFERING TO BUY ANY ITEM USING BUY-NOW. these conditions of sale and the sale particulars set out terms and conditions which may become contractually binding on you. they also describe certain limitations and exclusions of liability for Japanese Gallery and (where applicable) the third party seller of an item.
By bidding in an auction, or where you (also referred to as the "buyer" and "your" in these Conditions of Sale) offer to purchase a lot using Buy-Now, you agree to these Conditions of Sale and the Sale Particulars shall be contractually binding on you.
If you make a successful bid for a lot in an auction, or purchase a lot using Buy-Now, these Conditions of Sale and the provisions of the Sale Particulars will form a contract for sale of that lot between you and the seller.
The party who is the seller for the purposes of an auction or Buy-Now sale will depend on who owns the lot at the time the sale is completed. If the lot is owned by Japanese Gallery, we will be the seller. If the item is owned by a third party, the third party owner of the lot will be the seller.
Where the third party is the seller, Japanese Gallery will be selling that lot as the agent of the seller. This means that Japanese Gallery is providing services to the third party sellers to help them sell their lot and that Japanese Gallery is concluding the contract for the sale of the lot on behalf of that third party sellers.
When Japanese Gallery is the agent of the third party seller, the contract of sale which is created by any successful bid for a lot, or by any purchase of a lot using Buy-Now, will be directly between you and the third party seller, and not between you and Japanese Gallery. However, even when the sale is by Japanese Gallery on behalf of the third party seller, Japanese Gallery gives certain undertakings to you directly. These are further described below in these Conditions of Sale.
The Sale Particulars will identify who will be the owner of a lot immediately before the sale is completed: this may either be Japanese Gallery or a third party, whose identity may not be disclosed.
The Sale Particulars will specify where the lot being offered for sale is located. This is important because, amongst other things, it may affect shipping costs, the VAT or sales tax being charged.
A. BEFORE THE SALE
1. DESCRIPTION OF LOTS
Certain words used in the Sale Particulars to describe a lot have special meanings. You can find details of these in the Explanation of Cataloguing practice which forms part of these Conditions of Sale following paragraph. You can find a key to Symbols used in the Sale Particulars under the heading 'symbols used in this sale'.
Our description of any lot and any condition report and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions or provenance are our honest opinion. In reaching our opinion we use the standard of care a buyer would reasonably expect from an auction house of Japanese Gallery standing taking into account the estimate of the lot. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.
(a) The condition of lots sold can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. The nature of the lots sold means that they will rarely be in perfect condition. Lots are sold in the condition they are in at the time of the sale.
(b) Any reference to condition in Sale Particulars will not amount to a full description of condition, and images may not show the condition of a lot clearly. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our honest opinion but they may not refer to all faults, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason they are not an alternative to taking your own professional advice.
3. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
Information about our responsibility for our description of, and statements about, lots in the Sale Particulars and any condition report can be found in the following paragraphs.
Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot.
B. REGISTERING TO BID
If you have an existing Japanese Gallery account, you can sign into the online-only auction with your existing username and password and then subsequently register for the auction (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with Japanese Gallery and, therefore, do not already have a Japanese Gallery account, you will need to first create a Japanese Gallery account following the instructions provided at https://japanesegallery.com and providing any required information and/or completing any necessary forms. Registration must be completed within the times specified in the Sale Particulars. For certain online-only sales you may be required to confirm a minimum age.
2. REGISTERING AS PRINCIPAL/ON BEHALF OF A COMPANY
When registering to bid whether as an individual or on behalf of an entity, you accept that in making a bid, you are accepting personal liability to pay the purchase price, including the buyer's premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Japanese Gallery before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Japanese Gallery and Japanese Gallery will only look to the principal for payment.
If you are bidding on behalf of an entity as a Super Authorised User against an entity's transactional account with Japanese Gallery, you must select the appropriate account at the time of sale registration. If you do not already have a Japanese Gallery account you will first need to create one; similarly if the entity does not have a Japanese Gallery transactional account, you will first need to create one. In either situation, Japanese Gallery may require your entity to provide certain documents or meet certain qualifications as set forth below. Please contact Japanese Gallery Client Service to set up your Japanese Gallery account or entity transactional account.
As a successful bidder, if you registered as a company bidder, your company will need to pay for any purchases via a credit card issued to the company account and not a personal account. Japanese Gallery is not able to honour any reseller's certificates through the online-only auction process. As a successful bidder, you will be charged VAT or any other applicable sales tax as part of the check-out process. Buyers claiming exemption and a refund must provide Japanese Gallery with the appropriate valid and up-to-date documentation and Japanese Gallery will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Japanese Gallery and any delay in obtaining a refund shall not justify the rescission of any sale.
3. REQUIREMENTS AND CREDIT LIMITS
(a) In order to register to bid, you are required to supply the information requested, including valid credit card or other accepted payment information. Each bidder is subject to an aggregate bidding limit of GBP 150,000. This bidding limit applies to all items for sale within each particular online auction. This aggregate limit shall apply to all items bid upon in the aggregate, and shall not apply on a per lot basis. The bidding limit is based upon the maximum bid you enter as opposed to the actual bid amount accepted at that time. Japanese Gallery, in its sole discretion, may lower or rescind this limit and has the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until that lot closes.
If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those items or any additional bids on other items. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such lot have not met or exceeded the maximum bid amount. If you have a question regarding your bidding limit, please contact Japanese Gallery Client Service at UK: +44 (0)207 229 2934.
(b) Japanese Gallery may also require the production of bank or other financial references or that you meet certain qualifications. Japanese Gallery may also require deposits of a portion of a placed bid to be made to Japanese Gallery. In such event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
(c) If you are bidding on behalf of an entity, please contact Japanese Gallery Client Service at UK: +44 (0)207 229 2934. to set up your Japanese Gallery account. Japanese Gallery may require you, or, if you are registering to bid on behalf of a company in accordance with paragraph 2(b), your company, to provide the following types of information and/or documentation: Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organisation or operating agreement); Confirmation of registered address (e.g., utility bill, bank statement or recent postal envelope, if the registered address is not listed on company documents); and Valid, government-issued photo ID for the account owner (driver's license, passport or national identity card). Japanese Gallery Client Services will contact you to request such information and/or documentation.
(d) Japanese Gallery is committed to the detection and deterrence of money laundering and operates checks and controls for this purpose. In connection with these objectives and in the interests of the reputation and integrity of its business generally, Japanese Gallery reserves the right, at our complete discretion, to: refuse your registration or participation in the auction or Buy-Now sale; revoke your permission to participate and/or refuse to award you lots at any time prior to, during or even after the close of the sale; and require the production of documents relating to your identity and/or creditworthiness at any point, including in connection with any other transactions, whether online or otherwise.
4. OUR RESPONSIBILITY FOR BIDDING SERVICES.
C. DURING THE SALE
1. CONNECTIVITY AND TECHNICAL ISSUES
The application that enables online bidding is optimised for broadband connectivity (DSL or cable modem). Please note that broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, in relation to accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
2. REFUSAL OF BIDDING
Japanese Gallery reserves the right, in our absolute discretion, to reject your registration to bid; to reject, revoke or refuse to accept any bid or use of Buy-Now (even those that have been previously accepted); to withdraw or divide any lot; combine any two or more lots; or, whether during or after the sale, to restart or continue the bidding or to re-offer the lot as a new Buy-Now item at a fixed price. Japanese Gallery also reserves the right to disable or deactivate your account at any time during the sale. Japanese Gallery may exercise such rights in cases where a manifest error becomes apparent but this does not limit the circumstances in which Japanese Gallery may exercise such rights.
3. ONLINE BIDDING PROCESS/ BIDDING INCREMENTS
An online-only auction is, by its nature, fast-moving. Competitive bidding can often progress very quickly. As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate credit limit referred to in paragraph B3(a). You acknowledge that this is necessary in order to ensure that online bids are submitted and received as promptly as bids from other bidders. You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, be permitted to amend, retract or revoke your bid. We are not responsible for any errors you make in bidding. Japanese Gallery reserves the right to restart an auction or to restart bidding on any particular lot if it considers it is appropriate and reasonable to do so.
Once you have made a bid the next bidding increment is shown for your convenience on your 'Next Bid' button.
Bidding generally opens at or below the low estimate. Bidding opens at a specified bid amount and advances in increments of up to 10%, subject to Japanese Gallery discretion. Bidding increments:
For Sales in GBP:
£0 to £500 by £20
£500 to £1,000 by £50s
£1,000 to £2,000 by £100s
£2,000 to £3,000 by £200s
£3,000 to £5,000 by £200, £500, £800
(i.e. £4,200, £4,500, £4,800)
£5,000 to £10,000 by £500s
£10,000 to £20,000 by £1,000s
£20,000 to £30,000 by £2,000s
£30,000 to £50,000 by £2,000, £5,000, £8,000
(i.e. £32,000, £35,000, £38,000)
£50,000 to £100,000 by £5,000s
£100,000 to £200,000 by £10,000s
above £200,000 to repeat in the same manner as set forth above.
Japanese Gallery may vary increments during the course of the auction at Japanese Gallery discretion.
Bids may only be submitted between the dates and times specified in the Sale Particulars.
Japanese Gallery may show bids in some other major currencies as well as the currency of the auction, as specified in the Sale Particulars. Any conversion is for guidance only and we cannot be bound by any rate of exchange shown by the currency calculator.
Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept and below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate. If any lot is not subject to a reserve, it will be identified in the lot description. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not been met, the system may automatically raise the current bid to meet the reserve price. Under no circumstances will the system place any bid on behalf of the seller at or above the reserve.
5. THE RECORD OF THE SALE
The record of sale (which are Japanese Gallery own records which relate to the sale) will be taken as absolute and final in all disputes. In the event of a discrepancy between Japanese Gallery and any online records or messages provided to you and the record of sale, the record of sale will govern.
6. WITHDRAWAL OF LOTS
Japanese Gallery reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction or Buy-Now sale, and shall have no liability whatsoever with regard to such withdrawal.
7. EMPLOYEE BIDDING
Please note that employees of Japanese Gallery may be bidding in any Online Only auction.
If this functionality is offered it allows you to buy the relevant lot at a fixed price (the "Buy-Now price"), subject to the Sale Particulars and the Conditions of Sale.
A purchase at the Buy-Now price enables you to purchase the lot without taking part in, or winning, the bidding for that lot during an auction. If you purchase a lot at the Buy-Now price, the Conditions of Sale and Sale Particulars for that lot will apply to the sale in the same manner as if you had been the successful bidder in an auction for that lot.
9. SUCCESSFUL BIDS - AUCTIONS
Unless Japanese Gallery decides to use its discretion as set out in paragraph C(2) and C(6) above, the highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder at the end of the auction. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of any successful bid by checking the "My Purchases" tab of the online-only auction. We do not accept responsibility for notifying you of the result of your bids unless you are successful.
D. THE BUYER'S PREMIUM, TAXES AND ARTIST'S RESALE ROYALTY
1. THE BUYER'S PREMIUM
We charge a buyer's premium to the buyer on the hammer price and Buy-Now price of each lot sold (10% of the final price). The amount of the buyer's premium is set out in the Sale Particulars.
2. VAT AND SIMILAR TAXES
You are responsible for any value added tax (VAT) (including but not limited to, any Import VAT), sales tax or value added sales tax, sales or compensating use tax or any other similar tax payable as a result of the sale of the lot. Further information and guidance as to the application of such taxes are set out in the Sale Particulars. Tax charges and refunds depend on the particular circumstances of the buyer so the information in the Sale Particulars, which is not exhaustive, should be used only as a general guide. In all circumstances the applicable law of the relevant jurisdiction takes precedence.
3. ARTIST'S RESALE ROYALTY
In certain countries, local laws entitle the artist or the artist's estate to a royalty known as 'artist's resale right' when any lot created by the artist is sold. We identify these lots with the symbol * next to the lot number. If these laws apply to a lot, you must pay us an extra amount equal to the royalty (unless the law requires the payment to be made by the seller). We will pay a royalty to the appropriate authority on the seller's behalf. Where the Japanese Gallery selling company specified in the Sale Particulars is located in the EU the artist's royalty applies if the hammer price of the lot is more than 1,000 euro and the total charge for any lot cannot be more than 12,500 euro. We work out the amount owed as follows:
Royalty for the portion of the hammer price
4% up to 50,000
3% between 50,000.01 and 200,000
1% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
over 500,000, the lower of 0.25% and 12,500 euro.
We will work out the artist's resale royalty using the euro to sterling rate of exchange of the European Central Bank on the day of the auction.
1. SELLER'S WARRANTIES
For each lot, the seller gives a warranty that the seller:
(a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and
(b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.
2. JAPANESE GALLERY AUTHENTICITY WARRANTY
If your lot is not authentic, subject to the terms below, we will refund the purchase price paid by you (our "authenticity warranty"). The meaning of authentic can be found in the glossary at the end of these conditions of sale. The terms of the authenticity warranty are as follows:
(a) It is provided for a period of 5 years from the date of the sale.
(b) It is given only for information shown in UPPERCASE type in the first line of the lot description (the "Heading"). It does not apply to any information other than in the Heading even if shown in UPPERCASE type.
(c) The authenticity warranty does not apply to any Heading or part of a Heading which is qualified. Qualified means limited by a clarification in a lot's description or by the use of a Heading of one of the terms listed in the section titled Qualified Headings in the Explanation of Cataloguing Practice forming part of these Conditions of Sale. For example, use of the term "ATTRIBUTED TO" in a Heading means that the lot is in Japanese Gallery opinion probably a work by the named artist but no warranty is provided that the lot is the work of the named artist. Please read the full list of Qualified Headings and a lot's full description before bidding.
(d) The authenticity warranty applies to the Heading as amended by any notice given to you during a sale.
(e) The authenticity warranty does not apply if the Heading either matches the generally accepted opinion of experts at the date of the sale or draws attention to any conflict of opinion;
(f) The authenticity warranty does not apply if the lot can only be shown not to be authentic by a scientific process which, on the date we published the Sale Particulars, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the lot;
(g) The benefit of the authenticity warranty is only available to the original buyer shown on the invoice for the lot issued at the time of the sale and only if the original buyer has owned the lot continuously between the date of sale and the date of claim. It may not be transferred to anyone else.
(h) In order to claim under the authenticity warranty you must:
(i) give us written details of any claim within 5 years of the date of sale. Regrettably, if you fail to do so your claim cannot be accepted;
(ii) obtain the written opinions of two recognised experts in the field of the lot mutually agreed by you and us in advance confirming that the lot is not authentic. We reserve the right to obtain additional opinions at our expense; and
(i) return the lot to the specified saleroom in the condition it was in at the time of sale;
(j) Your only right under this authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more than this total amount.
(i) Books. Where the lot is a book, we give an additional warranty for 14 days from the date of the sale that if on collation any lot is defective in text or illustration, we will refund your purchase price, including the buyer's premium, subject to the following terms:
(i) This additional warranty does not apply to:
(a) the absence of blanks, half titles, tissue guards or advertisements, damage in respect of bindings, stains, spotting, marginal tears or other defects not affecting the completeness of the text or illustration;
(b) drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps or periodicals;
(c) books not identified by title;
(d) lots sold without a printed estimate;
(e) books which are described as sold not subject to return; or
(f) defects stated in any condition report or announced at the time of sale.
(ii) To make a claim under this paragraph you must give written details of the defect and return the lot to the location from which it was shipped to you (or as we direct) in the same condition as at the time of sale, within 14 days of the date of the sale.
3. DISCLAIMER OF ADDITIONAL WARRANTIES
To the fullest extent permissible under applicable law, Japanese Gallery and the seller disclaim and exclude any and all other warranties of any kind relating to the lots and the online-only service, whether express or implied by statute or common law or otherwise.
This disclaimer and exclusion does not affect your statutory rights as a consumer, nor your rights under the warranties in paragraphs E1 and E2.
1. HOW TO PAY
(a) You must pay the total amount due: in the case of auctions by no later than the time specified in the Sale Particulars. In the case of Buy Now sales you must commence the payment process within 30 minutes of adding an item to your basket and complete the payment process within a further period of 15 minutes of starting that process. The total amount due is the total of the following amounts:
(i) the hammer price and the buyer's premium (in the case of a sale by auction) OR the Buy-Now price in the case of a Buy-Now sale;
(ii) any amounts due under paragraph D3 (artist's royalty) above;
(iii) all shipping and related costs and charges including Loss, Damage and Liability (LDL); and
(iv) any duties, goods, sales or service tax or VAT.
International Duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all international duties, custom charges, taxes, charges and tariffs owed to the appropriate government entity or that otherwise need to be paid prior to shipment and/or delivery including any third-party charges necessary to facilitate shipment.
(b) We will only accept payment from the registered bidder. We cannot change the buyer's name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the lot and you need an export license.
(c) You must pay for any lot bought at Japanese Gallery via the online-only auction by a permitted credit or debit card unless an alternative method is specified in the Sale Particulars. We will only accept credit cards with a MasterCard, Visa, American Express or China Union Pay (if the China Union Pay credit card has a Visa or MasterCard logo) and (in the case of sales where the Japanese Gallery selling entity is in the United States, Discover including Diners Club International and JCB). Other methods of payment will not be accepted unless specified.
Japanese Gallery will only accept payment from the registered bidder. If you registered and bid as a company, your company will need to pay for any purchases via a credit card issued to the company account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. Please contact Japanese Gallery on UK: +44 (0)207 229 2934 for any questions relating to payments.
2. PAYMENT METHOD
Please note that if you pay for your purchase using a credit card issued outside the region of the sale, depending on the type of card and account you hold, the payment may incur a cross-border transaction fee. If you think this may apply to you, please check with your credit card issuer before proceeding to check-out.
3. TRANSFERRING OWNERSHIP TO YOU
You will not own the lot until we have received full and clear payment of all amounts due.
4. TRANSFERRING RISK TO YOU
The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following:
(a) When the lot comes into your physical possession or that of any person you identify to take possession of the lot if we dispatch the lot to you using the method of shipping which we have specified for the sale in the Sale Particulars;
(b) If you arrange to use a carrier to deliver the goods to you and the carrier is not one that we provide as an option for you to choose, when the lot is collected by that carrier; or
(c) if collection is permitted (the Sale Particulars will state if collection is allowed), when you collect the lot.
5. WHAT HAPPENS IF YOU DO NOT PAY
(a) If you fail to pay us the total amount due in full by the due date, we will be entitled to do one or more of the following (as well as enforcing any other rights we have by law):
(i) We can charge you a late-payment fee worked out at a rate of 5% a year above the UK Barclays base rate from time to time on the unpaid amount due;
(ii) We can cancel the sale of the lot. If we do this, we may sell the lot again, in which case you must pay us any shortfall between the total amount due to us and the proceeds from the resale.
(iii) In the case of Buy-Now sales, failure to complete payment within the time allowed will result in the lot being re-offered in the sale. You must also pay all costs, expenses, losses, damages and legal fees we have to pay or may suffer and any shortfall on seller's commission and buyer's premium we have to pay on the resale;
(iv) We can hold you legally responsible for the total amount due and may begin legal proceedings to recover it together with our late-payment fee, legal fees and costs as far as we are allowed by law;
(v) We can take what you owe us from any amounts which we or any company in the Japanese Gallery Group may owe you (including any deposit or other part-payment which you have paid to us);
(vi) We can at our sole option reveal your identity and contact details to the seller; and/or
(vii) We can take any other action we see necessary or appropriate.
(b) If you owe money to us or to another Japanese Gallery Group<