Conditions of Business

These Conditions of Business, including the previously mentioned Benefits for sellers and Sell your photographs are the basis of Impression’s agreement with the seller.

  1. Impression as agent

    Under the terms of this agreement we act as your agent. This means that you will be responsible for all statements and representations made by us on your behalf.

  2. Examinations and estimates

    1. Estimates on items you wish to consign to sale are free of charge and based on a standard examination. This is a visual examination of the item involving limited investigation and research, without written statements on authenticity and value.

    2. Our standard examination is intended to determine a pre-auction estimate only. If you would like an item to be examined for insurance or estate planning, including authentication and valuation, we will help you arrange this at an additional expense and separately from the consignment or these Conditions of Business.

    3. We may carry out further specialist examination, including full research, of items consigned for auction, but we are under no obligation so to do. If we choose to have an extensive investigation on an item, it is at our cost and responsibility.

    4. An estimate is the expected result of a lot at auction. Estimates are based upon prices recently paid at auction for comparable photographs, condition, provenance, rarity and quality. Other factors in determining the estimate may include the prospective buyers at a particular auction, along with the art market as a whole. An estimate is our opinion of what the price range is for the lot at auction and is simply a pre-auction estimate and not an appraisal of value. Estimates do not include the buyer’s premium or VAT and are subject to revision.

  3. Lot descriptions

    1. Anything stated in a lot description in relation to the authorship, attribution, condition, provenance, authenticity, period, quality, origin or value, is only an expression of our opinion.

    2. Descriptions, reserve price advice and estimates will be honestly given based on our skills and knowledge, along with the use of information you have given to us or information that we may have (obtained) about the lot.

    3. We do not make any contractual promise, obligation, guarantee or warranty of fact in relation to the accuracy of any such description, estimate or opinion.

  4. Payments by you

    1. Before a lot is listed at our auction, a consignment fee of €10 (excl. VAT) is payable. See Sell your photographs, paragraph 3.

    2. If the lot is sold at auction, you agree to pay us a seller’s premium of 10% (excl. VAT) of the hammer price. See Sell your photographs, paragraph 4.

    3. If the lot is not sold at auction, you do not have to pay a seller’s premium, but you do have to pay for the return shipment costs of your item. See Sell your photographs, paragraph 4.

    4. Any costs charged to us in relation to the transfer of money to you will be discounted in the settlement statement.

    5. Whether a lot is sold or not, any costs related to (temporary) import, such as custom taxes or VAT, that are charged to us, will be charged to the seller.

  5. Value Added Tax (VAT)

    Private sellers from outside the EU:
    No VAT is payable to Impression.

    Private sellers from inside the EU:
    VAT is payable at 6% on the consignment fee and seller’s premium.

    Private sellers from the Netherlands:
    VAT is payable at 6% on the consignment fee and seller’s premium.

    Sellers that are registered companies from outside the EU:
    No VAT is payable to Impression.

    Sellers that are registered companies from inside the EU:
    VAT is payable at 6% on the consignment fee and seller’s premium. Depending on your country, paid VAT might be deductible.

    Sellers that are registered companies from the Netherlands:
    VAT is payable at 6% on the consignment fee and seller’s premium. VAT is deductible on your VAT declaration.

    In case of a lot not having been sold at auction, return shipping and handling costs are subject to VAT, according to the above-listed principles.

  6. Your undertakings to us

    We are selling the lot on your behalf as your agent and you therefore verify to us that:

    1. You are the owner of the lot or you are authorized by the owner of the lot to sell it.

    2. You are selling the lot with full guarantee of title free from all liens, charges, encumbrances and third party claims.

    3. You are legally entitled to sell the lot and you are legally capable of conferring on the buyer quiet possession of the lot.

    4. You have complied with all (legal) requirements relating to any export or import of the lot, and all duties and taxes in respect of the export or import of the lot have been paid.

    5. You have provided all the accurate information in relation to the lot of which you are aware or which is in your possession. See Sell you photographs, paragraph 1.

    6. You will promptly inform us if you become aware of any information (including any concerns expressed by third parties) in relation to the lot, after this agreement has been made.

  7. Indemnities from you

    You agree to indemnify us against all claims, proceedings, liabilities, costs, expenses and losses arising from:

    1. Any actual or alleged breach of any undertaking or obligation by you to us, whether this be by act or omission.

    2. Any loss or damage caused by you to any person.

    3. Any fraud committed by you and our exercising any of our rights or powers in the event of fraud.

  8. Catalogue and marketing

    We are under no obligation to publish catalogues in any form other than the online described lots at auction, but we may publish catalogues in different variants, e.g., a PDF document or a printed catalogue. We publish lot descriptions as your agent on your behalf. You cannot charge us for publishing photographs and text on our website, in catalogues or in any other form. Furthermore, you agree that we may use all photographs and text of lots at auction free of charge for publicity and marketing purposes, without the obligation of mentioning you as the seller or owner.

  9. Reserves

    After you have received our pre-auction estimate and we have agreed on the minimum bid (reserve price), we will send you a Seller’s agreement.

    1. The lot cannot be sold for less than the minimum bid (starting price/reserve) as stated in the Seller’s agreement.

    2. We do not work with hidden or other reserves. You agree to sell at any bid equal to or greater than the minimum bid. An agreed reserve cannot be altered without our written consent.

    3. If the Seller’s agreement states that the reserve is ‘zero’ or ‘0’, or that the lot is to be sold without a reserve, it is agreed that the lot will be sold without a reserve.

    4. All reserves and estimates are in Euros.

    5. You authorize Impression to refuse bids from any bidder, including from the highest bidder, if such refusal is reasonable for the protection of your or our interests in the circumstances.

  10. Delivery of the lot

    1. Unless otherwise agreed with you, you will deliver the lot at your expense into our custody. When the lot is delivered into our custody we will take possession of it as bailee and we will owe you a duty of care as such. You will receive a receipt when the consigned lot is delivered to us.

    2. We accept responsibility to you for any damage to or loss or destruction of the lot whilst it is in our custody, excluding damage, loss or destruction that is caused directly or indirectly by armed conflict, civil war, insurrection, civil commotion, riot, mutiny, terrorism, earthquake, volcanic eruption, flood and nuclear reactions, since Dutch insurance companies are by law not allowed to insure these causes.

    3. The maximum amount payable by us for any such damage, loss or destruction is the reserve price minus the amount payable by you to us if the lot was sold at auction (seller’s premium and others).

    4. Our responsibility to you will only continue until we have a receipt of shipment by a third party, such as the post office or a courier, whether the lot has been shipped to the buyer or has been returned to you in the case of the lot being unsold.

  11. Withdrawal and re-collection by you

    1. You may revoke your instructions to sell the lot on condition that we receive your written notice no later than 24 hours before the expiry of the time for that lot at auction and that no bids have been made on that lot.

    2. If a lot is withdrawn by you, or if a lot is unsold at auction, you must remove the lot at your own expense within seven days after the date of the withdrawal notice or the auction. In practice the most common way will be that we return the lot to you at our current shipment and handling costs, as mentioned in Sell your photographs, paragraph 4.

    3. Before removing the lot, by return shipment or in any other way, you must pay us all sums due to us from you. If you fail to remove the lot within seven days, you will pay us a late re-collection fee of €25 and storage charges of €5 per day on each non re-collected lot.

    4. If a withdrawn or unsold lot is not re-collected within six (6) months of the auction, the seller authorises Impression, upon notice, to arrange a resale of the lot by auction or private sale, with estimates and a reserve set at our discretion. The proceeds of such sale will be applied to pay for storage charges and any other outstanding costs and expenses owed by the seller to us and the remainder will be forfeited unless re-collected by the seller within one year of the withdrawal notice or the original auction.

  12. Our right to refuse to sell

    1. If we have reasonable cause for believing that we or you may be restricted by law in respect of the lot, or you are in breach of any of the undertakings set out in paragraph 6, or if the lot is a forgery, we may refuse to sell the lot in question. In addition to this we may also refuse to sell any lot for any reason.

    2. When a lot is subject to a reasonable claim of others, we are entitled to retain the lot to investigate any question raised in order to protect the legitimate interests of ourselves and other (legal) parties involved.

  13. Sale proceeds

    We will conduct the sale and will sell the lot on your behalf under the terms of the Conditions of Sale.

    1. Title to the lot will only pass to the buyer on receipt by us in cleared funds of the full price. Once we have received the amount due to us, we will release the lot to the buyer.

    2. By European law we are, in applicable cases, obliged to collect royalties under the Artists Resale Right regulations as described in Buyer’s premium and costs. These costs are payable by the buyer. In the event we receive royalty claims by artists or collecting agencies within 3 years after the auction was conducted, and these royalties where not charged to the buyer, you agree to pay us any shortfall.

    3. If the buyer fails or refuses to pay the purchase price for the lot to us in accordance with his obligations to do so, we will notify you of this as soon as practicable. We have the right to initiate legal proceedings against the defaulting buyer, but you as the seller agree that we are not obliged to do so. In situations like these you can ask us to resell the property at no additional costs or to cancel the sale, whereby the unpaid lot will be marked as unsold and you have to pay the costs as mentioned in paragraphs 4.3, 4.4 and 4.5.

    4. When your print has been sold at auction, we will send you payment along with a settlement statement itemizing the commission (seller’s premium is 10% excl. VAT) and any other costs within 30 days.

    5. If the lot had no bids at auction, unless you stated otherwise, it will be re-offered in a Buy Now after sale, at a price at least equal to the initial reserve price at auction. This free of charge service is only valid for one period of a maximum of 30 days.

  14. Fraud and forgeries

    In the event of any fraud and/or forgery by you or on your behalf which has induced the buyer to purchase the lot, we will be entitled at our discretion, irrespective of whether we are liable to the buyer, to act in any reasonable manner to compensate the buyer (which may include, but is not limited to, repurchasing the lot from the buyer) and you will indemnify us. You authorize us to carry out such tests and processes on a lot as we consider necessary to establish whether this paragraph applies. If the outcome of these tests is a reasonable suspicion that the lot is a forgery or that the given information was fraudulent, you agree (for a period within one year after the lot was sold at auction) to repurchase the lot from us for an amount equal to the hammer price plus premiums, costs and interest.

  15. Jurisdiction

    Impression is based and the website is hosted in the Netherlands. All legal issues arising from these Conditions of Business shall be construed in accordance with and determined by the laws of the Netherlands. By consigning, you agree that the exclusive forum for any claims or causes of action arising out of this agreement shall be the court within The Hague, The Netherlands. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. The failure of Impression to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the website or this agreement must be filed within 1 (one) year after such claim or cause of action arose or be forever barred. This agreement constitutes the entire agreement between you and Impression with respect to the use of the website and our Conditions of Business. There are no third party beneficiaries to this agreement; a person who is not a party to this agreement has no rights to rely upon or enforce any term or provision of this agreement.

Impression
www.photography-auction.com
Maziestraat 2
2514 GT The Hague
The Netherlands
 
Last modified: 1 February 2015