Levis Auctions Levis Auctions

Terms & Conditions

All participants in auctions held by LEVIS Fine Art Auctions & Appraisals Inc. are subject to the Terms and Conditions set forth below, which may be modified from time to time. It is the responsibility of the Bidder to review and accept the Terms and Conditions prior to participating in any auction.

1. LEVIS Fine Art Auctions & Appraisals Inc., or “LEVIS” or "we" or “the Auctioneer” or the “Auction House” refer, for all purposes relating to this auction, to LEVIS Fine Art Auctions & Appraisals Inc. LEVIS maintains a corporate website that runs proprietary bidding software, herein referred to as “the Website” or “LEVIS” or “we” or “our Website”.

2. Only registered Bidders may place Bids on the Website and each registered Bidder is deemed to be acting as principal unless there is prior arrangement agreed to by LEVIS before the auction. A registered Bidder must be 18 years of age or over. Any person placing a Bid on our Website is deemed to have read and agreed to these Terms and Conditions.

3. As a result of registering for our auctions or by receiving our catalogues or e-mail notifications, we collect some or all of the following personal data: name, address, postal/zip code, telephone number, e-mail address, and credit card information. This information is used by LEVIS exclusively to carry out its services as an Auction House and such data is never sold or rented.

4. Each Bidder will be assigned a unique paddle number after completing the registration process on the Website and all required information submitted by the Bidder must be current and accurate (including but not limited to: contact/mailing address, credit card number and expiry date etc.). LEVIS reserves the right to suspend or permanently ban any Bidder from participating in auctions if false or fraudulent information has been entered in the registration process.

5. The unique paddle number assigned to each Bidder represents their “account” with LEVIS and it is the sole responsibility of each Bidder to ensure the privacy of their account by safeguarding the username and password of their account on the Website. Each Bidder is responsible for any and all Bids placed during an auction using their unique paddle number.

6. In addition to reserving the right to accept or decline, approve or rescind the registration of any Bidder, LEVIS also reserves the right to reject any Bid(s) from any Bidder prior to or during an auction.

7. The Buyer is the highest registered Bidder on any given Lot when the bidding ends for that Lot. The total purchase price payable by the Buyer for each Lot will include a Buyer's Premium of 17% on the Hammer Price of each Lot.

 8. Applicable GST/HST and PST will be charged on the Hammer Price and Buyer's Premium on all Lots in accordance with the tax requirements within the province, territory, or country of destination. Alterations of invoices and/or crediting of tax payments will not be undertaken by LEVIS after Lot(s) have been released to a Buyer.

9. Although the Auction House takes care and diligence in their description of the Lots offered for auction, all Property is sold on an "as is, where is” basis. All representations and/or descriptions made by LEVIS regarding the authorship, attribution, date, age, provenance, size, medium, condition, or estimated selling price of any Lot are statements of opinion only. The Bidders and the Buyer agree that LEVIS, our agents, consignors, auctioneers, or other personnel shall not be liable for any errors or omissions in the Catalogue or on the Website. Prospective Bidders should inspect all Lots before bidding to determine for themselves the condition and size of any given Lot either during scheduled preview times or by appointment.

10. All photographic representations included in our Catalogue or on our Website are solely for guidance and are not to be relied upon for determination of the tone or colour of any Lot nor to reveal any imperfections in the Lot. By participating in an auction on our Website a Bidder affirms that they have either viewed the respective Lot or have waived their right to do so.

11. Lots may be of an age or nature that precludes them from being in pristine condition and any description of condition in the catalogue or on the Website (or given orally, or in writing) that makes reference to damage and/or restoration is given for guidance only. LEVIS staff are not trained restorers and any condition report provided by the Auction House, our agents, consignors, auctioneers, or other personnel is based on observation of the artwork only and does not, in any way, purport to make such disclosures as a professional restorer, art historian, or other certified expert is qualified to make.

12. Notwithstanding the preceding conditions, if within seven (7) days of the sale of any Lot a Buyer provides LEVIS with written opinions from two acknowledged professionals, who are accepted by the Auction House as experts, stating that the artwork has in effect been misdescribed in substantial form by LEVIS, and if the Buyer returns the Lot to us in the same condition as when sold, we, as agent for the Consignor, can rescind the sale and refund the full amount of the purchase price to the Buyer. This process must take place within seven (7) days of the sale of the Property.

13. We reserve the right to withdraw any Property before the moment of sale.

14. The Auction House reserves the right to pause, suspend, delay, or restart any auction in the event of technical difficulties or internet outage. LEVIS does not accept any liability to either Consignors or Bidders for any failures or errors that may occur as a result of such technical difficulties including, but not limited to, internet disruption, power outages, human miscalculation, or natural disasters.

15. At the discretion of the Auction House, and as a courtesy to prospective Buyers, LEVIS or its employees may from time to time assist Bidders with placing Bids on our Website during an auction. Neither the Auction House nor its employees shall be liable to either the Consignor or Buyer for any neglect or default in the attempted execution of such Bids.

16. At the conclusion of the sale, the winning Bidder on each Lot has, by placing his/her Bids, contracted to purchase said Lot subject to the Terms and Conditions of the Auction House and each such Buyer will pay the full purchase price. Should any successful Bidder default on the full payment required within the time parameters specified in the Terms and Conditions, LEVIS may in its absolute discretion take such remedies it deems appropriate including, but not limited to, permanent ban from participation on our Website and/ or legal action.

17. The standard method of payment is via the credit card that was entered by the Bidder during the registration process. In all cases, the credit card associated with the successful Bidder’s account at the time of the auction close will be charged for the full amount of all Lots purchased by the Buyer. Credit card transactions are processed within one (1) hour after the complete auction closes, unless stated differently for a specific auction.

18. Notwithstanding the previous condition, LEVIS will accept money by e-transfer, bank wire, debit, cash, or cheque if arrangements for an alternate method of payment are made with the Auction House before the auction closes. Any service fees incurred for bank wires or e-transfers are the sole responsibility of the Buyer.

19. If a Buyer requests a different method of payment after a credit card has been charged, the Buyer may incur processing and administration fees to deal with payment reversals and their associated banking fees.

20. All currency figures are in Canadian dollars.

21. Upon completion of the sale the Buyer assumes all risks on the purchased Lot(s) and neither the Auction House nor its employees nor its agents shall be liable for any loss or damage of any kind whether caused by negligence or otherwise. All Property must be paid in full before being removed from our premises.

22. All Property must be collected from our premises by Buyers or their agents at their expense not later than seven (7) days following the sale unless alternate arrangements are agreed to by LEVIS, and if not so removed, a Buyer will be charged a monthly handling fee of 5% of the purchase price until removal of the Property. If the Property is not removed after 365 days, the title of the goods will pass to the Auction House.

23. LEVIS is pleased to offer in-house packing and shipping services solely as a courtesy to Buyers. Such services are undertaken at the absolute discretion of the Auction House and at the Buyer’s risk. We are not liable for any damage to artwork, glass, or frames incurred during packing and shipping nor for any errors or omissions in the handling of artwork by any packer or shipper regardless of whether or not such agent was recommended by the Auction House.

24. Some Lots in the auction may be subject to provisions of the Cultural Property Import and Export Act of Canada and/or the Convention on International Trade in Endangered Species of Wild Fauna and Flora Agreement (CITES). The Buyer is responsible for obtaining the necessary licenses, and the denial or delay of any licenses shall not justify the cancellation of any sale or any delay in payment of the total purchase price for the Lot.

25. LEVIS makes no warranty or representation to any Buyer that they will acquire any copyright or other reproduction rights with respect to any purchased Lot.

26. LEVIS has the exclusive right to photograph and illustrate any Lot consigned to its auction sales and to use all such images in any form or media whatsoever for any purpose it sees fit. All rights to any photographs, illustrations, or images created by LEVIS shall be retained by the Auction House in perpetuity.

27. This Agreement comprises the entirety of the contract between LEVIS and the Bidder and/or Buyer and LEVIS shall not be held liable in respect of any representations not made in writing herein. This Agreement shall be governed by the laws in force in Alberta, Canada, whose Courts shall have the sole jurisdiction to adjudicate claims made in respect of this Agreement.

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