CONDITIONS OF SALE FOR THE DELA COLLECTION
ONLINE-ONLY SALES: AUCTIONS AND BUY-NOW
PLEASE READ THESE CONDITIONS OF SALE AND THE SALE PARTICULARS CAREFULLY BEFORE PLACING ANY BID ON A WORK OF ART (LOT) OR BUYING ANY LOT.
THESE CONDITIONS OF SALE AND THE SALE PARTICULARS, ALONG WITH THE IMPORTANT NOTICES AND EXPLANATION OF CATALOGUING PRACTICE, SET OUT THE TERMS AND CONDITIONS ON WHICH WE OFFER THE LOTS LISTED IN THIS SALE. BY REGISTERING TO BID AND/OR BY BIDDING AT AUCTION OR BUYING, YOU AGREE TO THESE TERMS AND CONDITIONS AND THEY WILL BECOME CONTRACTUALLY BINDING ON YOU. THEY ALSO DESCRIBE CERTAIN LIMITATIONS AND EXCLUSIONS OF LIABILITY FOR DELA. RAIMBOW CHILLRUN (PTY) LTD ACTS AS AGENT FOR THE SELLER.
PLEASE ENSURE THAT YOU HAVE UNDERSTOOD ALL CHARGES, FEES AND TAXES THAT MAY BE APPLIED TO YOUR BID PRICE OR BUY-NOW PRICE BEFORE YOU PLACE YOUR BID. THESE WILL DEPEND UPON WHERE THE LOT IS LOCATED AT THE TIME OF PURCHASE.
AA THESE CONDITIONS OF SALE – BINDING ON YOU
1. These Conditions of Sale set out the terms on which The Dela Collection (referred to as Dela, “we”, “us”, “our”, “ourselves” and “seller” in these Conditions of Sale) offers the lots for sale.
2. Words and expressions which are in bold in these Conditions of Sale have the meaning set out in the glossary which is set out in paragraph I of these Conditions of Sale.
3. By bidding in an auction, or where you (also referred to as the “buyer” and “your” in these Conditions of Sale) purchase a lot using Buy-Now, you agree that these Conditions of Sale and the Sale Particulars shall be contractually binding on you.
A. BEFORE THE SALE
1. Description of lots
(a) Our description of any lot, 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 opinion and not to be relied on as a statement of fact. We carry out research as far as possible but not of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.
2. Our responsibility for our description of lots
We do not provide any guarantee in relation to the nature of a lot apart from our authenticity warranty.
(a) The condition of lots can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold “as is”, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by Dela.
(b) Any reference to condition in the Sale Particulars or in a condition report will not amount to a full description of condition, and images may not show the condition of a lot clearly. Colors and shades may look different on the screen to how they look on physical inspection. 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 opinion but they may not refer to all faults, inherent defects, 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. It is your responsibility to ensure that you have requested, received and considered any condition report.
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 or its value for any other purposes. Estimates do not include any buyer’s premium or any applicable taxes or charges or artist’s resale royalty.
D. CHARGES TO YOU – TAXES, SHIPPING AND LOSS DAMAGE LIABILITY CHARGES
You are responsible for all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the commercial price. VAT charges and refunds depend on your particular circumstances. It is your responsibility to ascertain and pay all taxes due. Further information can be found in the ‘VAT Symbols and Explanation’ section at paragraph J.
For the lots Dela ships to or within South Africa, a sales or use tax may be due on the consumer price, and/or any other charges related to the lot, regardless of the nationality or citizenship of the successful bidder. Dela will collect sales tax where legally required. The applicable sales tax rate will be determined based upon the province or locale to which the lot will be shipped.
2. Shipping Charges
(a) Dela ships to over 220 countries. We include the cost of DHL shipping to your lot before you make the purchase. Unless otherwise stated, any shipping charges you will be required to pay will include: (i) international shipping charges from where the lot is located to your designated delivery address; and (ii) loss damage liability charges. The shipping charges will not include (i) any applicable local taxes and handling fees; (ii) any customs duty, import tax and any local clearance fees applicable for your country.
(b) It is your responsibility to ascertain and pay any applicable 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 as well as any necessary insurance charges.