TORG AUCTIONS is operated by The Oriental Rug Gallery Ltd Company – established in 2007 and incorporated in England. Company no. 6253615 VAT no. 944466302 Registered office: 29 Manor Crescent, GUILDFORD GU2 9NF. Company Landline no. +44 (0)1428 656 657 Email:
[email protected] Company Mobile no. +44 (0) 7414755302
TORG AUCTIONS Terms and Conditions for Buyers/Bidders (Buyer Terms/Bidder Terms) set out the terms and conditions for which TORG Auctions (we/us), offers items for sale at auction (Lots/ Item(s)/Bids) on behalf of the Seller (consignor). By registering to bid and/or bidding on the Lot, you acknowledge and agree that these Buyer Terms create a legally binding contract with you (Buyer/Bidder/Consignee). Our acceptance of the highest bid by a Buyer for a Lot will, thereafter, be known as you/the Buyer/Purchaser.
TORG AUCTIONS Terms and Conditions hereby constitute the terms and conditions on which items in this sale will be offered and/or sold. These Terms are solely for TORG AUCTIONS and therefore not party to The Oriental Rug Gallery Ltd Terms and vice versa. TORG AUCTIONS ‘Terms’ may be amended - without prior notice - by any published notice, whether posted, printed, or verbal to reflect the most relevant information for Buyers/Bidders as follows:
OUR ROLE AS AUCTIONEER AND AGENT
1) Our auctions are presently classified as Live/Online only and as such are not open for members of the public to attend as floor bidders.
2) Our Bidders may place their bids LIVE online or by leaving ABSENTEE BIDS via the Easylive Auction catalogue.
3) We are the authorised agent for the Seller (consignor) as advertised in TORG AUCTIONS and as such sell the Lot for and on behalf of the Seller, who will remain anonymous in public, under these Terms and Conditions.
4) We are not responsible for any breach of these Buyer Terms by the Seller. Each Seller warrants to us, and for the benefit of the Buyer, that (i) they are the sole legal and beneficial owner of the Lot; or that they are properly authorised by the owner to sell the Lot and retain such rights until the sale of the Lot by us; and (ii) the Lot is free of all connections, attachments, charges and encumbrances of any nature.
5) A contract for sale shall be formed automatically between the Seller and the Buyer (we accept as being the highest bidder and subject to completion of our registration approval and them abiding by our Buyer Terms set out here) when the bidding for the Lot closes/ends.
6) As the Buyer/Bidder, you agree to be bound by these Buyer Terms on our online platform, on which the Lot has been advertised and to bid with the intention of winning.
LOT DESCRIPTION AND CONDITION
1) The individually hand-crafted nature of a Lot means that each item is totally unique, with no two pieces or pairs being exactly the same. All sizes, dimensions, weights, measurements and details provided are as accurate as is possible, within these constraints.
2) Colours and textures of images depicted either on our Easylive Auction Platform, in any catalogue, or otherwise, are subject to variances and therefore may not appear the same on physical inspection. Due to the varying quality, images of the Lot are not definitive and therefore must not be relied on solely by you. We do not accept any responsibility if there are any variances and the Lot cannot then be construed as faulty. Please contact us, if you require additional images of a Lot.
3) Should you wish to return the Lot for a refund, it will not be deemed as faulty, and you will be responsible for the return delivery packaging and costs and subject to the conditions listed in the CANCELLATION section below.
4) All images, written content and other materials relating to the Lot (Content) that we may make available to you is either prepared by us or on our behalf, or licensed to us. All Content is hereto protected by intellectual property rights, including any copyright and trademarks, which may not be used by you without our prior written consent. As such, all intellectual property rights of the Content are thereby reserved and our moral rights are hereby asserted.
5) Any representation or statement provided by us - written or verbal, in a catalogue, in an online description, on a condition report, on an invoice, on a bill of sale, or stated before, during or after the Auction, or written or stated elsewhere about the Lot/item. Or that which relates to the origin, date, age, measurement, size, weight, culture, source, attribution, provenance, significance, authenticity, condition, fineness, quality, imperfections or damage, authorship or artistry, usefulness, rarity, importance, historical relevance, where an item has been displayed, exhibited, or previously sold, or as to the items value or estimated selling price or any other feature of any Lot/item - is a statement of opinion only and such statements do not constitute a representation, warranty, guarantee or assumption of liability by us in relation to the Lot and should not be relied upon as such. You are encouraged to consult an independent expert to verify any information about a Lot.
6) The Company endeavours to accurately describe all items being sold. All Lots being offered are sold ‘as is’, in the condition they are offered by the Seller, where Buyers are responsible for satisfying themselves concerning the condition of the Lot.
7) The absence of a condition report for a Lot does not imply that the lot is in perfect condition or completely free from wear and tear and/or imperfections, or the effects of ageing. Upon request, we may supply a condition report - for information only - which will be based on a visual inspection of each Lot without disassembly or further inspection of physical condition, and on information reasonably available to us at the time. Information in condition reports is provided after due consideration and to the best of our knowledge and experience, but cannot be taken as a statement of fact, or a guarantee.
PAYMENT
1) The prices listed on the online site are only estimates.
2) Most Lots are offered subject to a reserve below which the Lot will not be sold. The level of the reserve is confidential between the Seller and us, but it will not be higher than the low estimate.
3) Payment for any Lot Sale must be paid in full and in pounds sterling (GBP) only.
4) Accepted methods of purchase payment can be made via an online bank transfer or via a debit/credit card payment by telephone (excluding American Express or Diners Club Card) or via Paypal. In all instances, please quote your invoice number as the payment reference.
5) Please contact us BEFORE making any payment using a credit card or PayPal and note the following:
i) an additional charge of 2.5 (two.five) per cent will be added to the final purchase invoice, if payment is made (in full or part) using a Credit Card.
ii) an additional charge of 5 (five) per cent will be added to the final purchase invoice, if payment is made (in full or part) using Paypal.
6) We accept up to 5,000.00 in pounds sterling (GBP) in cash for the purchase of an item – either as full payment or part payment. Here, the purchase balance must be paid via an online bank transfer or via a debit/credit card payment by telephone (excluding American Express or Diners Club Card) or via Paypal. Please contact us BEFORE making any payment using a credit card or PayPal. In all instances, please quote your invoice number as the payment reference.
7) We do not accept personal or business cheques.
8) Please notify us in advance if another person or company is making a payment on your behalf, so that we can locate and confirm your payment and ship your item(s) and prevent any delays.
9) To make a payment by bank transfer, please use the following details, quoting your invoice number as the payment reference.
Bank name: Barclays
Account name: The Oriental Rug Gallery Ltd
Sort code: 20-31-52
Account no. 83723623
Swift/BIC: BUKBGB22
IBAN no. GB82 BUKB 2031 5283 7236 23
Payment ref: (Buyer's invoice no.)
10) We will charge a Buyer Fee (Buyer Fee) of 30 (thirty) per cent on the hammer price of each Lot inclusive of VAT.
11) Payment of the highest bid accepted by us for the Lot, plus the Buyer Fee (including all taxes and where applicable the artist re-sale royalty) together, forms the Purchase Price. Any additional fees and charges are due no later than 5 (five) calendar days after the sale (Due Date).
12) Payment can be made only by the registered Buyer.
13) Our acceptance of the highest bid by a Buyer for the Lot will, thereafter, be known as you/the Buyer/Purchaser.
14) Payment instructions will be given on the relevant invoice and will be in pounds sterling (GBP). The amount received after the deduction of any bank fees and/or conversion of the currency of payment to GBP must not be less than the GBP payable, as set out on the invoice, where the Buyer is responsible for any shortfall caused by currency exchange or bank charges.
15) For qualifying Lots where artist re-sale royalties apply, we will collect from you (the Buyer) an amount equal to the re-sale royalty for the Lot and pass this to the relevant collecting agency. This will appear as a separate line on your invoice and is described as: The Artists Re-sale Right.
16) All additional fees and charges, referred to or arising in these Buyer Terms, are inclusive of any VAT that may apply.
17) Payments must be completed and paid in full for the total price within 14 calendar days. No Lot can be released or considered Sold until payment has been received in full.
18) As the Buyer/Purchaser of the Lot, if you fail to make full payment of the Purchase Price and any additional fees and charges by the Due Date, we shall be entitled to (i) place a lien on any objects should the payment remain outstanding (ii) charge interest on the overdue amount at the rate of 8 (eight) per cent per annum above the Bank of England Bank Rate from time to time and (iii) charge for our reasonable storage and handling charges.
19) Due to the rise in cyber-attacks, you should confirm that the details on our invoice are correct and have not been intercepted by contacting us using the Company Landline no. +44 (0)1428 656 657 or the Company Mobile no. +44 (0) 7414755302 before sending electronic payments, as we shall not be liable if payment instructions are intercepted and payments do not reach us.
SHIPPING TERMS - please see 'Shipping Policy’ section.
COLLECTION
1) No Lot will be released and the legal title will not pass to you, until we have received due payment in full of the Purchase Price and all sums owed to us by you.
2) All Lots requested to be collected by you (the Buyer), must be collected from us as notified to you post sale and within 21 (twenty-one) calendar days of the sale. While we may recommend/refer third-party couriers/shippers to assist you with collection of the Lot, you shall be fully responsible for arranging the collection and for instructing and paying such couriers/shippers.
3) Storage and handling fees will be charged in relation to Lots left uncollected after that date. In the event that the Lot remains uncollected for a period of 30 (thirty) calendar days after notification, we have the right to do any of the following: (i) arrange for the Lot to be stored at a third-party storage facility solely at your cost; (ii) deliver the Lot to your last known address (at your cost); (iii) we have the right to place a lien on any property and exercise all the rights and remedies of a person holding security over any property in their possession owned by you, whether by way of pledge, security interest or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property (including the Lot) as collateral security for your obligations to us; and (iv) sell the Lot by any method we deem appropriate in our discretion, to cover outstanding fees, expenses, storage and/or transit costs notwithstanding. Any remaining amounts shall be paid to you, which may be by cheque sent to your last known address.
4) A Lot which has been collected from us by you or a courier/shipper acting on your behalf is deemed to have been delivered to you by us at the time of such collection. We will not release a Lot to any third-party (including a courier/shipper) unless you have notified us in writing that such third- party is authorised to collect the Lot on your behalf.
PERMITS AND EXPORTS
1) As the Buyer, it is your responsibility to ensure that you ascertain and pay any applicable international duties, custom charges, taxes, tariffs and import duties to the appropriate authority and in the manner prescribed by the laws at the destination and/or in the country to which your import is subject to.
2) We may use symbol: ^^ to indicate that a Lot requires an export licence to leave the UK. Any such notices accompanying the Lot reflect our reasonable opinion at the time of writing such notice and are for general guidance only.
3) We make no representations or warranties as to whether any Lot is or is not subject to export or import restrictions or any embargoes. It is your responsibility as the Buyer to determine the relevant requirements for export and import, prior to bidding and purchasing. Your inability to export or import a Lot is not a basis for cancellation or rescission of sale.
4) A Lot containing certain endangered species may require a CITES permit upon export from the UK and a corresponding CITES permit licence upon import into another country. If you purchase a Lot requiring a CITES permit, it is your responsibility to obtain it. We cannot accept rescission of the sale or delay in payment and we cannot offer a refund, if you are unable to obtain a permit. We may use symbol: ++ to indicate that a Lot requires a CITES permit. Any such notices accompanying the Lot reflect our reasonable opinion at the time of writing such notice and are for general guidance only.
5) We recommend that you (the Buyer) check the import requirements and sale restrictions outside of the UK to your destination country, prior to placing a bid on a Lot.
6) Where the Lot is a sale for export (over 950.00 (GBP)/below 949.00 (GBP) - see ‘Shipping Policy' section for more details) the Lot item(s) shall be shipped outside of the UK within 60 (sixty) calendar days of the auction date. Here, we will undertake the processing of required paperwork for shipment and export from our UK end - including Bills of Lading and supply you with the Courier/Shipper details and the Item(s) Tracking number.
7) The Lot purchased will be delivered to the registered address of the Buyer, unless you notify us - within 4 (four) calendar days of making the full payment for the Lot - of an alternative address.
8) TORG AUCTIONS make no claims and takes no responsibility if the purchased item(s) is either lost in transit or is damaged in transit/upon arrival to its destination via the courier/shipper. We therefore strongly recommend the Buyer insures the courier/shipment of item(s) at their own cost.
9) Laws, regulations and import requirements relating to cultural objects and antiquities differ greatly between different jurisdictions, as does the recognition of goods title to such objects. Some countries may also enter into specific agreement with one another relating to the import and export of cultural property. As is typical for antiquity, the Lot may have previous owners or export history that is unknown. While we endeavour to provide all relevant historical provenance in our possession and provided to us by the seller, we cannot warrant or represent the accuracy or completeness of such detail, or that this will be sufficient to import the Lot, or to give you unencumbered title in every country throughout the world. You are encouraged to seek professional advice in the destination country prior to importing the Lot.
LIABILITIES
1) We shall not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law. Nothing herein excludes our liability for (a) death or personal injury caused by our negligence or (b) fraud or fraudulent misrepresentation.
2) Notwithstanding clause (a) above, if you are a Consumer pursuant to the Consumer Rights Act 2015, we shall not be liable for any loss or damage that is not foreseeable (loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time the contract was formed).
3) We are neither liable for any statements, data, information and opinions of others nor for any deterioration of the Lot after collection. Except where ?clause (1b) above applies, we exclude any liability for breach of any term, warranty or condition which may be implied by the Sale of Goods Act 1979. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with Buyer Terms, shall be limited to the hammer price of the Lot in question.
4) Force Majeure: our performance of any part of a contract with you is subject to variation or cancellation and the grant of an extension of time from any cause arising from an act of God, war, strikes, pandemics, lock-outs, lockdowns, flood, drought or other cause of any nature whatsoever beyond our control or owing to inability and time to procure materials, labour or any articles at all and you agree to accept increased prices for the products due to any of the aforesaid reasons. In all circumstances time is not of the essence of the contract.
INTERNET CONNECTION AND SITE TECHNICAL ISSUES
1) While we try to ensure that our Site (within the Easylive Auction Platform) is accessible at all times, access may be suspended temporarily and without notice in the case of a system failure, maintenance or repair, or for reasons beyond our control. We also do not guarantee the speed, accuracy or quality of any content on our Site.
2) Some Buyers/Bidders or users of our Site may experience technical problems in bidding for a lot which are beyond our reasonable control such as firewalls, loss of internet connection or other technical issues with the bidding software that we use or their own device. While we will endeavour to fix any technical problems that occur on our Site, as quickly as possible, we will not be responsible to you for any errors or failures to execute bids, or for any errors or omissions in online bidding, including, without limitation, errors or failures caused by any loss of connection or faults with our bidding software or our Site.
3) For online auctions through our Site, our final record of bids accepted by us will be taken as absolute and final in all disputes and our record of sale will prevail in the event of a discrepancy between any online records or messages provided to you and our record of sale.
FORGERY
1) If within 21 (twenty-one) calendar days of the sale of any Lot, the Buyer/Purchaser gives written notice to us that the Lot is a forgery and demonstrates to our satisfaction that the Lot is a forgery, and provided that the Lot is returned to us in the same condition as when it was sold, and within a reasonable timescale as notified/specified by us, we will rescind the sale and refund the Purchase Price received and the cost of reasonable return.
2) A ‘forgery’ is defined as ‘a work created with the intent to deceive’. We may therefore request the Buyer to provide two written opinions (at the Buyer/Purchaser cost) of recognised independent experts to evidence its assertion that the Lot is a forgery.
3)The Buyer/Purchaser should not return the Lot to us until we have requested the return, where the Buyer/Purchaser does so at their own risk.
4) We shall be entitled to consider and investigate allegations that the Lot is a forgery and to arrange inspections of the Lot, either at our premises or at third-party controlled premises, if the Lot has been exported from the UK.
5) We shall endeavour to resolve the matter within a reasonable period of time, where the Buyer/Purchaser agrees to act in good faith, while we undertake any assessment.
OUR RIGHTS
1) We reserve the right to combine catalogue numbers and to sell out of sequence, without any liability to you.
2)The bidder will win a lot only after three unsuccessful calls for a higher bid have been made.
3) TORG Auctions can close the bidding at any time and announce a lot is unsold. In such a case the highest bidder on record will be bound for a period of 14 (fourteen) calendar days to honour his bid. If that bidder does not receive, within that period, the unconditional acceptance of that bid, this contract expires.
4) Lot items cannot be reserved in advance of the auction.
5) This is an Auction Sale, not an Approval Sale. Upon the auctioneer's call of "Sold" all sales are deemed final and complete.
6) TORG AUCTIONS terms and conditions cannot be applied to The Oriental Rug Gallery Ltd online items or purchases, nor is the reverse applicable.
CANCELLATION
1) We reserve the right to withdraw any Lot at any time before or during the sale of the Lot and/or cancel, postpone or make changes to the auction without reason, without liability to you.
2) Where we reasonably believe that completing the transaction is or may be unlawful or places us or the seller under any liability to anyone else or may damage our reputation, or the bid or source of funds may be linked to criminal activity, or we consider that you have breached these Buyer Terms, then we reserve the right to reject, revoke or refuse to accept any bid (even those that have been previously accepted) and restart or continue the bidding even if the bidding has finished or determine the successful bidder or re-offer the Lot for sale.
3) In the event of Online Only auctions where it is not possible to attend in person or to inspect the Lot and only if you are a Consumer (pursuant to the EU Consumer Rights Directive and habitually reside in the UK or European Union), you have the right to cancel the purchase of a Lot without cause at any time up to the end of 14 (fourteen) calendar days after the date that the Lot is made available for collection – this being known as: the Cancellation Period.
4) You must notify us of your decision to cancel with a clear statement of formal notification sent by post or via
[email protected], and before the Cancellation Period expires. Your Cancellation Form sent to us must include the following details (see the information needed below) for it to be valid and accepted by us: ?In this order: i) Buyer Cancellation Form ii) FAO: TORG Auctions iii) Add Cancellation Notification date: iv) Insert Buyer Cancellation Statement for example: I hereby give notice that I wish to cancel my contract for the sale of the following Lot ordered/received on: (insert date) v) Add Name and address of Buyer: vi) Add Signature of Buyer (if form issued as a hard/paper copy) and Print Name of Buyer
5) If you cancel the sale during the Cancellation Period and send the above Form within the stipulated Cancellation Period of time, we will reimburse the Purchase Price using the same payment method as the initial purchase.
6) You must return the Lot or hand deliver it to the address specified by us, without undue delay and in any event no later than 14 (fourteen) calendar days from the day on which you notify us of cancellation.
7) You shall bear the cost of returning the Lot, including any shipping, packing, insurance and import/export duties incurred as a result of the return. You are liable for any diminished value of the Lot if handling of the Lot went beyond what was necessary to establish the nature and characteristics of the Lot.
8) Upon receipt by us of the returned Lot, if the Lot is returned damaged, we will deduct from the refund a reasonable amount for the cost of repair or loss in value resulting from such damage, and before any reimbursement is made.
GENERAL
1) These Buyer Terms establish the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter, including any confidentiality or non-disclosure agreement previously entered into between the parties. No variation of any of the terms of these Buyer Terms shall be valid unless it is in writing and signed by or on behalf of each of the parties hereto.
2) A person who is not a party to these Buyer Terms shall have no rights or remedies pursuant to them whether or not pursuant to the Contracts (Rights of Third Parties) Act 1999.
3) A waiver of any right or remedy under these Buyer Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Buyer Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Buyer Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
4) The Buyer shall not be entitled to the benefit of any set-off and sums payable to us shall be paid without any deduction whatsoever. The Buyer shall not be entitled to assign or otherwise transfer this agreement or the rights therein without our prior written consent.
5) If a court finds that any part of these Buyer Terms is not valid, or is illegal or impossible to enforce, that part of these Buyer Terms will be treated as being deleted, and the rest of these Buyer Terms will not be affected.
6) Any notice given shall be served in writing and hereto sent or delivered to our registered office. Email notification will not be accepted as a valid form of a Notice being severed. Any notice shall only be sufficiently served if either delivered personally, sent by pre-paid first-class post, or recorded delivery or registered post, registered airmail in the case of an address of service outside the United Kingdom and deemed received on the day of receipt, if sent during normal business hours in the recipient country, otherwise the next business day. Any notice if posted shall be deemed to have been served at the time when in the ordinary course of post such notice would have been received and if delivered by hand shall take effect on delivery.
7) Neither party shall be liable for total or partial failure to perform any of its obligations or duties under these Bidder Terms to the extent that such failure arises in consequence of any Force Majeure event (see Liabilities point: 4) as well as: industrial dispute, fire, flood, pandemic, mobilisation, requisition, embargo, currency restrictions, insurrection, acts of government, war, acts of terrorism or any circumstances which are beyond their reasonable control. If such event or circumstances prevents either party from fulfilling its obligations under these Buyer Terms for more than 40 (forty) calendar days, the other party shall have the right, without limiting its other rights or remedies, to terminate this agreement with immediate effect by giving written notice to the other party.
8) These Buyer Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the English Law and subject to the exclusive jurisdiction of the English Courts.
9) We will not release any Seller or Buyer private information unless there is a legal obligation to or via substantiated claims by third parties. In the case of a valid claim by a third-party, TORG AUCTIONS has the right to release the personal data of the consignor or buyer.
10) At TORG AUCTIONS sole discretion, any private information may be used in its marketing and any other commercial activities. However, TORG AUCTIONS will not give this information to any other third parties for their use.
