Conditions of sale

These Conditions of Sale, including the mentioned Terminology, Buyer’s premium and costs and the ‘Important notices’ in the lot descriptions contain all the terms on which Impression and the seller contract with the buyer. By bidding at auction you agree to be bound by these terms.

  1. Impression as agent

    Impression acts as agent for the seller.

  2. Before the auction

    1. Prospective buyers acknowledge that many lots are of a certain age and type, which means that they are not in perfect condition. References in the lot descriptions as to damage or restoration are for guidance only. Descriptions may make reference to particular imperfections of a lot, but bidders should note that lots might have other faults not expressly referred to in the catalogue. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as precise indications of size or to convey full information as to the actual condition of lots.

    2. The knowledge of Impression in relation to each lot is partially dependent on information provided to us by the seller. Impression is not able to and does not carry out exhaustive due diligence on each lot. Prospective buyers acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the lots in which they may be interested. Notwithstanding the foregoing, we shall exercise reasonable care when making statements in lot descriptions as is consistent with our role as auctioneer and in light of (a) the information provided to us by the seller, (b) scholarship and technical knowledge, and (c) the generally accepted opinions of relevant experts at the time any such statement is made.

    3. Information provided to prospective buyers in respect of any lot, including any pre-sale estimate, information in any catalogue, condition, commentary or valuation, is not a representation of fact but rather a statement of opinion held by Impression. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. All lots are sold ‘as is’ without any representation or warranty of any kind by Impression or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the lot description.

    4. By appointment pre-auction viewings are open to the public free of charge. www.photography-auction.com is an online-only auction, but prospective buyers (or their representatives) are welcome to examine lots at location.

    5. When making a bid, a bidder accepts personal liability to pay the purchase price, plus all other applicable charges, as described more fully in ‘Buyer’s premium and costs’.

  3. During the auction

    1. Impression has the right to refuse participation in any auction and to reject any bid.

    2. Impression is entitled to withdraw any lot from an auction, prior to the lots closing, and shall have no liability whatsoever with regard to any such withdrawal.

    3. Auctions are conducted in euros (€) and payments are due in euros. For the benefit of international bidders, our clients may make use of our Currency converter tool, which displays the estimate and bid amounts in the required currency. The Currency converter tool gives the approximate value only and provides no guarantee as to the accuracy of the actual exchange rate. Impression accepts no responsibility for the accuracy of amounts displayed in currencies other than euros.

  4. After the auction

    1. In addition to the hammer price, the buyer agrees to pay to us a 10% buyer’s premium together with any applicable tax, droit de suite, shipping costs and payment processing costs, as described more fully in ‘Buyer’s premium and costs’.

    2. The buyer must pay the full amount due within 72 hours of the close of the auction. This applies even if the buyer wishes to export the lot and an export license is, or may be, required. The fact that the buyer wishes to, or is required to, apply for an export license does not affect the obligation to make payment to us for the purchase. Partial payment of a lot will not be allowed. The buyer will not acquire title to the lot and the lot will not be released to the buyer until we have received all amounts due to us from the buyer in good cleared funds.

    3. Although we shall use reasonable efforts to take care when handling, packing and shipping a purchased lot, we are not responsible for the acts or omissions of third parties whom we may retain for these purposes.

    4. If the buyer pays the full amount due and marks ‘Local pick up’ as the preferred shipping method, but subsequently fails to collect a purchased lot within 14 days of the auction, the buyer will incur a late collection fee of €25 and storage charges of €5 per day on each uncollected lot. If a purchased lot is paid for but not collected within six (6) months of the auction, the buyer authorizes Impression, upon notice, to arrange a resale of the lot by auction or private sale, with estimates and a reserve set at our reasonable discretion. The proceeds of such sale will be applied to pay for storage charges and any other outstanding costs and expenses owed to us by the buyer and the remainder will be forfeited unless collected by the buyer within one year of the original auction.

    5. If the buyer fails to make payment in full within the time required above, we are, in addition to all legal rights, entitled to (a) hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law; (b) cancel the sale; (c) resell the property; (d) reject at any future auction any bids made by or on behalf of the buyer.

  5. Liability

    Neither the seller nor we are responsible for the correctness of any statement of whatever kind concerning any lot, nor for any other errors or omissions in the description or for any faults or defects in any lot. Neither the seller nor we give any representation, warranty or guarantee, or assume any liability of any kind in respect of any lot with regard to merchantability, description, size, quality, condition, authorship, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literary or historical relevance. Unless required by applicable law, any warranty of any kind whatsoever is excluded. The buyer must give written notice of a claim to us within 30 days from the date of the auction. The buyer must return the lot to Impression in the same condition as at the time of the sale.

  6. Copyright

    The copyright to all images and written material produced by Impression relating to a lot is, and shall remain at all times, the property of Impression and shall not be used by the buyer, or by anyone else, without our prior written consent. When buying prints, please note that in many cases the print is for a collection only, which means the photographer or his beneficiaries retain copyright or other rights on that print.

  7. Jurisdiction

    Impression is based, and the website is hosted, in The Netherlands. All legal issues arising from or related to the use of the website shall be construed in accordance with and determined by the laws of The Netherlands. By using the website, you agree that the exclusive forum for any claims or causes of action arising out of your use of the website shall be the court for or 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 statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the website must be filed within one (1) 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. 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