An On-line Auction House
Consignment: at the present time all works are solely owned by GalerieGlobien (TM) and Consignment issues are not germane to this document. Related: there are no Buyer’s Premiums.
GalerieGlobien is a wholly-owned subsidiary of Globien Inc., a Minneapolis-based company. For abbreviation’s sake–it is referred in this document as GG.
The following Conditions of Sale and Terms of Guarantee are GG’s and the entire agreement with the purchaser and any bidders relative to the property listed in on this website.
Conditions of Sale, Terms of Guarantee, glossary, if any, and all other contents of this website are subject to amendment by GG by the posting of notices or by oral announcements made prior to ordering the sale.
By participating in any sale, you acknowledge you are bound by these terms and conditions.
- As Is
Goods auctioned are often of some age. The authenticity of the Authorship (as defined below) of property listed in the website is guaranteed as stated in the Terms of Guarantee and except for the Limited Warranty contained therein, all property is sold “AS IS” without any representations or warranties by us as to merchantability, fitness for a particular purpose, the correctness of the web presentation or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made on the website, in an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability.GG make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We are not responsible for errors and omissions in the website, glossary, or any supplemental material.
As this is a web-driven auction, inspection is not an option at this time. GG will do its best to to determine its condition, size, and whether or not it has been repaired or restored and advise potential buyers.
- Buyer’s Premium:
At this time, there is no buyer’s premium as all current properties are owned outright by GalerieGlobien.
GG reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
- Per Lot:
Unless otherwise announced by the auctioneer, all bids are per lot as numbered on the website.
GG reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. In our discretion we will execute order or absentee bids and accept telephone bids and online bids as a convenience to clients who are not present at auctions via Internet or phone.GG is not responsible for any errors or omissions in connection there-with. Prospective bidders should also consult GG for the most up to date posting of the property in its website.By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
- Online Bidding Procedure:
Once two or more bidders have identified themselves, have acknowledged they are willing to meet the reserve price and met requirements germane to the item(s) being bid for, all parties will be notified by e-mail and phone of a bidding start (clearly pinpointed as to time and the window of time bidding will be accepted and the final close down time and date).
- Purchaser’s Responsibility:
Subject to fulfillment of all of the conditions set forth herein, on the fall of the auctioneer’s hammer, the contract between purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require.Title in a purchased lot will not pass until GG has received the full purchase price in cleared funds. The purchaser’s obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. GG is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the Purchaser’s unconditional obligation to pay the full purchase price. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of the annual percentage rate of Prime + 6% of the total purchase price if payment is not made in accordance with the conditions set forth herein.GG reserves the right to refuse to accept payment from a source other than the buyer of record.Unless otherwise agreed by GG, all property must be removed from our premises by the purchaser at his expense not later than 15 calendar days following its sale. Buyers are reminded that GG’s liability for loss or damage to sold property shall cease no later than 15 calendar days after the date of the auction. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to us by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option, may cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or resell the purchased property, whether at public auction or by private sale, or effect any combination thereof. In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us or any affiliated company, or any payment made by the purchaser to us or any affiliated company, whether or not intended to reduce the purchaser’s obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to us or any affiliated companies. In addition, a defaulting purchaser will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, custody or control or in the possession, custody or control of any of our affiliated companies, in each case whether at the time of the auction, the default or if acquired at any time thereafter, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours. We shall have all of the rights accorded a secured party under the Minnesota Uniform Commercial Code. You hereby agree that GG may file financing statements under the Minnesota Uniform Commercial Code without your signature.Payment will not be deemed to have been made in full until we have collected good funds.
Unless exempted by law, the purchaser will be required to pay combined Minnesota, County and Minneapolis state and local sales tax, any applicable compensating use tax of another state, and if applicable, any federal luxury or other tax, on the total purchase price. The rate of such combined (State/County/City) tax is 6.88 percent.
- Export and Permits:
It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the website reflect GG’s reasonable opinion at the time of website preparation and are for bidders’ general guidance only; GG make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.
- Governing Law and Jurisdiction:
Conditions of Sale and Terms of Guarantee, as stated here, as well as bidders’, the purchaser’s and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. By bidding at an auction, whether present in person or by agent, order bid, telephone, online or other means, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of Minnesota. All parties agree, however, that GG shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of Minnesota.
- Packing and Shipping:
GG is not responsible for the acts or omissions in our packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.
- Limitation of Liability:
In no event will our liability to a purchaser exceed the purchase price actually paid.
- Data Protection:
2. TERMS OF GUARANTEE
As set forth below and in the Conditions of Sale, for all lots GG guarantees that the authorship, period, culture or origin (collectively, “Authorship”) of each lot in the website is as set out in the BOLD or CAPITALIZED type heading in the website description of the lot, as amended by oral or written salesroom notes or announcements. Purchasers should refer to the Glossary of Terms, if any, for an explanation of the terminology used in the Bold or Capitalized type heading and the extent of the Guarantee
GG makes no warranties whatsoever, whether express or implied, with respect to any material on the website other than that appearing in the Bold or Capitalized heading and subject to the exclusions below.
In the event GG in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, it shall refund to the original purchaser of record the hammer price and applicable Buyer’s Premium paid for the lot by the original purchaser of record.
This Guarantee is provided for a period of five (5) years from the date of the relevant auction, is solely for the benefit of the original purchaser of record at the auction and may not be transferred to any third party. To be able to claim under this Guarantee of Authorship, the original purchaser of record must: (I) notify GG in writing within three (3) months of receiving any information that causes the original purchaser of record to question the accuracy of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the reasons for such question; and (ii) return the Lot to GG at the original selling location in the same condition as at the date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
GG has discretion to waive any of the above requirements. GG may require the original purchaser of record to obtain at the original purchaser of record’s cost the reports of two independent and recognized experts in the field, mutually acceptable to GG and the original purchaser of record. GG shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price paid (the successful hammer price, plus the buyer’s premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. GG shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
Lots with this symbol may, in our opinion, require special handling or shipping services due to size or other physical considerations. Bidders are advised to inspect the lot and to contact GG prior to the sale to discuss any specific shipping requirements.
In certain circumstances, GG may show on the website the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded to accommodate a seller’s request for confidentiality or because the identity of prior owners is unknown given the age of the work of art.
Prospective bidders may be interested in specific information not included in the website description of a lot. For additional information, please contact GG directly.
GG may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for your bid. If you are not successful on any lot, GG will arrange for a refund (subject to any right of set off) of the deposit amount paid by you without interest within 14 working days of the date of the sale. Any exchange losses or fees associated with the refund shall be borne by you. Registration to bid on Premium Lots must be done at least 3 business days prior to the sale.
3. DURING THE AUCTION
Auctions are open to the public without any admission fee or obligation to bid. The auctioneer introduces the objects for sale—known as “lots”—in numerical order as listed in the website unless otherwise noted or by an announcement at the auction.
In some circumstances, we offer the ability to place bids by telephone live to a GG representative on the auction floor. Please contact the Bid Department prior to the sale to make arrangements or to answer any questions you may have. Telephone bids are accepted at GG’s discretion and at the caller’s risk. Calls may also be recorded at GG’s discretion. By bidding on the telephone, prospective buyers consent thereto.
US Economic Sanctions:
The United States maintains economic and trade sanctions against targeted foreign countries, groups and organizations. There may be restrictions on the import into the United States of certain items originating in sanctioned countries, including Burma, Cuba, Iran, North Korea and Sudan. The purchaser’s inability to import any item into the US or any other country as a result of these or other restrictions shall not justify cancellation or rescission of the sale or any delay in payment. Please check with the GG’s specialist department if you are uncertain as to whether a lot is subject to these import restrictions, or any other restrictions on importation or exportation.
It is the buyer’s responsibility to maintain update information regarding currency. As all purchases from GG are designated in U.S. dollars, this is a bidding currency requirement.
Successful bidders will be notified after the sale by phone and e-mail
4. AFTER THE AUCTION
Payment by Cash: It is against GG’s general policy to accept single or multiple related payments in the form of cash or cash equivalents in excess of the local currency equivalent of US $10,000. It is GG policy to request any new clients or purchasers preferring to make a cash payment to provide: verification of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card or driver’s license), confirmation of permanent address and identification of the source of the funds. (See Page Five, US Economic Sanctions)
Payment by Credit Cards:
GG does not accept payment by credit card for auction purchases.
Payment by Check:
Certified checks, banker’s drafts and cashier’s checks are accepted at GG’s discretion and provided they are issued by a reputable financial institution governed by anti-money laundering laws. Instruments not meeting these requirements will be treated as “cash equivalents” and subject to the constraints noted in the prior paragraph titled “Payment by Cash”. Buyers should be mindful of the Dodd-Frank and Patriot laws of the US.
Payment by Wire Transfer:
To pay for a purchase by wire transfer, please refer to the payment instructions on the invoice provided by GG to request instructions.
Sales and Use Tax:
Minnesota and Minneapolis Sales Tax is charged on the hammer price, buyer’s premium and any other applicable charges on any property picked up or delivered in the State of Minnesota regardless of the state or country in which the purchaser resides or does business. Please refer to “Information on Sales and Use Tax Related to Purchases at Auction” in the back of the website.
Where GG is Not Required to Collect Sales Tax:
GG is not required to collect sales tax on property delivered to all states. If the property is delivered to a state where GG is not required to collect sales tax, it is the responsibility of the purchaser to self-assess any sales or use tax and remit it to taxing authorities in that state.
GG is not required to collect sales tax for property delivered to the purchaser outside of the United States.
Most states that impose sales taxes allow for specified exemptions to the tax. For example, a registered re-seller such as a registered art dealer may purchase without incurring a tax liability, and GG is not required to collect sales tax from such re-seller. The art dealer, when re-selling the property, may be required to charge sales tax to its client, or the client may be required to self-assess sales or use tax upon acquiring the property. A copy of the buyers bonafide state sales tax form is required prior to bidding. It can be faxed or e-mailed.
GG offers a shipping service to meet all of your requirements. If you received
a shipping quotation or have any questions about the services we offer please contact us.
The Bill of Lading must include: the purchaser’s full name, the full delivery address including the street name and number, city and state or city and country, the sale and lot number.
GG will contact your shipper within 24 hours of receipt of the Bill of Lading to confirm the date and time that your property can be collected. Property will not be released without this confirmation and your shipper must bring the same Bill of Lading that was faxed to GGs when collecting. All property releases are subject to the receipt of cleared funds.
The Art Loss Register:
As part of GG’s efforts to support only the legitimate art market and to combat the illegitimate market in stolen property—it promises to work with all law enforcement agencies on an international basis.
5. IMPORTANT NOTICES
Certificates of Authenticity:
Various manufacturers may not issue certificates of authenticity upon request. Except as specifically noted in on the website, GG will not be required to furnish the purchaser with a certificate of authenticity from the manufacturer at any time. Unless the requirements for a rescission of the sale under the Terms of Guarantee are satisfied, the failure of a manufacturer to issue a certificate will not constitute grounds to rescind the sale.