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Startpreis : GBP
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Bitte beachten Sie, dass Sie Ihre Gebote unter Mein Account, vor der Auktion bearbeiten können. Ihr Maximal Gebot kennen nur Sie.
Wählen Sie eine der folgenden Schnellgebotsoptionen:
Aufgeld oder Transportkosten sind in Ihrem Gebot nicht enthalten.
Durch die Abgabe Ihres Gebotes bestätigen Sie, die AGB von lot-tissimo.com und des entsprechenden Auktionshauses gelesen und akzeptiert zu haben. Ein Zuschlag verpflichtet zum Kauf.
Bitte beachten Sie, dass Sie Ihre Gebote unter Mein Account, vor der Auktion bearbeiten können. Ihr Maximal Gebot kennen nur Sie.
Payment must be done within 10 days of receiving the invoice. We are able to arrange in-house shipping if required. Please contact info@jgauction.com for shipping quotes. Any items not collected by 10 working days after the invoice is issued, storage fee will apply (£5 per day per item). Items will be shipped as soon as it is safe to do so and depending on the destination country, shipping delays may occur.
The sale will feature Japanese art and antiques including woodblock prints (ukiyo-e), samurai arms and armour, satsuma, and lacquerware. A wide selection of Japanese popular culture art – authentic production cels, vintage anime and movie posters.
Viewing is available at the following dates and times by appointment only:
20/01/25 - 11am to 5pm
21/01/25 - 11am to 5pm
22/01/25 - 11am to 5pm
23/01/25 - 11am to 5pm
24/01/25 - 11am to 5pm
66E Kensington Church Street, W84BY
Please contact us to book an appointment.
The fees applied to the hammer price via Room, Absentee Bids, Online, and Autobid are as follows:
For those registered directly with JG Auction:
24% excl. VAT.
For those registered via other platforms:
27% excl. VAT.
These fees include buyer's premium. Telephone bids are currently not available.
CONDITIONS OF SALE
A. BEFORE THE SALE
1. DESCRIPTION OF LOTS
2. CONDITION
3. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
4. ESTIMATES
B. REGISTERING TO BID
1. REGISTRATION
2. REGISTERING AS PRINCIPAL/ON BEHALF OF A COMPANY
3. REQUIREMENTS AND CREDIT LIMITS
C. DURING THE SALE
1. CONNECTIVITY AND TECHNICAL ISSUES
2. REFUSAL OF BIDDING
3. ONLINE BIDDING PROCESS/BIDDING INCREMENTS
4. RESERVES
5. THE RECORD OF THE SALE
6. WITHDRAWAL OF LOTS
7. EMPLOYEE BIDDING
8. SUCCESSFUL BIDS
9. UNSOLD LOTS
D. THE BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY
1. THE BUYER’S PREMIUM
2. VAT AND SIMILAR TAXES
3. ARTIST’S RESALE ROYALTY
E. WARRANTIES
1. SELLER’S WARRANTIES
2. JG AUCTION AUTHENTICITY WARRANTY
3. DISCLAIMER OF ADDITIONAL WARRANTIES
F. PAYMENT
1. HOW TO PAY
2. PAYMENT METHOD
3. TRANSFERRING OWNERSHIP TO YOU
4. TRANSFERRING RISK TO YOU
5. LATE PAYMENT OR FAILURE TO PAY
6. KEEPING YOUR PROPERTY
G. SHIPPING AND COLLECTIONS
1. SHIPPING CHARGES
2. HANDLING AND TRANSPORT
3. COLLECTION
4. STORAGE
5. EXPORT AND IMPORT
6. FAILED DELIVERY
7. SHIPMENT INSURANCE
H. OTHER IMPORTANT TERMS
1. YOUR LEGAL RIGHTS
2. OUR LIABILITY TO YOU WHEN WE SELL A LOT WHICH IS NOT OWNED BY JG AUCTION
3. SELLER’S LIABILITY
4. EVENTS OUTSIDE THE CONTROL OF JG AUCTION OR THE SELLER
5. OUR ABILITY TO CANCEL
6. COPYRIGHT
7. ENFORCING THIS AGREEMENT
8. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
9. TRANSLATIONS
10. PERSONAL INFORMATION
11. WAIVER
12. LAW AND DISPUTES
13. REPORTING ON JGAUCTION.COM
I. ANTI-MONEY LAUNDERING REGULATIONS
J. REFUNDS
1. YOUR RIGHTS TO END THE CONTRACT
2. HOW TO END THE CONTRACT WITH US
3. RETURNING ITEMS TO US
4. REFUND PAYMENT
K. GLOSSARY
L. VAT SYMBOLS, EXPLANATIONS AND REFUNDS
1. VAT SYMBOLS
2. VAT REFUNDS
M. SYMBOLS USED IN SALE PARTICULARS
CONDITIONS OF SALE
These Conditions of Sale set out the terms on which JG Auction (also referred to as “we”, “us”, “our” and “ourselves” in these Conditions of Sale) and the seller offer the lots listed in the Sale Particulars.
You should read these Conditions of Sale and the Sale Particulars carefully BEFORE PLACING ANY BID. These Conditions of Sale and the sale particulars set out terms and conditions which may become contractually binding on you. They also describe certain limitations and exclusions of liability for JG Auction and, where applicable, the third party seller of an item.
By bidding in an auction, you (also referred to as the “buyer”, “bidder”, and “your” in these Conditions of Sale) agree to these Conditions of Sale and the Sale Particulars shall be contractually binding on you.
If you make a successful bid for a lot in an auction, these Conditions of Sale and the provisions of the Sale Particulars will form a contract for sale of that lot between you and the seller.
The party who is the seller for the purposes of an auction or sale will depend on who owns the lot at the time the sale is completed. If the lot is owned by JG Auction, we will be the seller. If the item is owned by a third party, the third party owner of the lot will be the seller.
Where the third party is the seller, JG Auction will be selling that lot as the agent of the seller. This means that JG Auction is providing services to the third party sellers to help them sell their lot and that JG Auction is concluding the contract for the sale of the lot on behalf of that third party seller.
When JG Auction is the agent of the third party seller, the contract of sale which is created by any successful bid for a lot will be directly between you and the third party seller, and not between you and JG Auction. However, even when the sale is by JG Auction on behalf of the third party seller, JG Auction gives certain undertakings to you directly. These are further described below in these Conditions of Sale.
The Sale Particulars will identify who will be the owner of a lot immediately before the sale is completed: this may either be JG Auction or a third party, whose identity may not be disclosed.
The Sale Particulars will specify where the lot being offered for sale is located. This is important as, amongst other things, it may affect shipping costs, the VAT or sales tax being charged.
A. BEFORE THE SALE
1. DESCRIPTION OF LOTS
Certain words used in the Sale Particulars to describe a lot have special meanings. You can find a key to Symbols used in the Sale Particulars under the heading ‘symbols used in this sale’.
Our description of any lot and any condition report and any other statement made by us (whether orally or in writing) about any lot, including its nature or condition, artist, period, materials, approximate dimensions or provenance represents our honest opinion. In forming our opinion we use the standard of care a buyer would reasonably expect from an auction house of JG Auction’s standing taking into account the estimate of the lot. We do not conduct an in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.
2. CONDITION
(a) The condition of lots sold can vary widely due to factors such as age, previous damage, restoration, repair, and wear and tear. Given the nature of the lots, they will rarely be in perfect condition. Lots are sold in the condition they are in at the time of the sale.
(b) Any reference to condition in Sale Particulars will not amount to a full description of condition, and images may not show the condition of a lot clearly. 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 honest opinion but they may not refer to all faults, restorations, alterations or adaptations as our staff are not professional restorers or conservators. For that reason they are not an alternative to taking your own professional advice.
3. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
Information about our responsibility for our description of, and statements about, lots in the Sale Particulars and any condition report can be found in the following paragraphs.
4. ESTIMATES
Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auctions 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.
B. REGISTERING TO BID
1. REGISTRATION
If you have an existing JG Auction account, you can sign into the online-only auction with your existing username and password and subsequently register for the auction (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with JG Auction and, therefore, do not already have a JG Auction account, you will need to first create a JG Auction account following the instructions provided at https://jgauction.com and providing any required information and/or completing any necessary forms. Registration must be completed within the times specified in the Sale Particulars. For certain online-only sales you may be required to confirm a minimum age.
2. REGISTERING AS PRINCIPAL/ON BEHALF OF A COMPANY
When registering to bid, whether as an individual or on behalf of an entity, you acknowledge that by making a bid, you are accepting personal liability to pay the purchase price, including the buyer’s premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with JG Auction before the commencement of the sale that the bidder is acting as an agent on behalf of an identified third party acceptable to JG Auction and JG Auction will only look to the principal for payment.
If you are bidding on behalf of an entity as a Super Authorised User against an entity’s transactional account with JG Auction, you must select the appropriate account at the time of sale registration. If you do not already have a JG Auction account you will first need to create one; similarly if the entity does not have a JG Auction transactional account, you will first need to create one. In either situation, JG Auction may require your entity to provide certain documents or meet certain qualifications as set forth below. Please contact JG Auction Client Service to set up your JG Auction account or entity transactional account.
As a successful bidder, if you registered as a company bidder, your company will need to pay for any purchases via a credit card issued to the company account and not a personal account. JG Auction is not able to honour any reseller’s certificates through the online-only auction process. As a successful bidder, you will be charged VAT or any other applicable sales tax as part of the check-out process. Buyers claiming exemption and a refund must provide JG Auction with the appropriate valid and up-to-date documentation and JG Auction will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to JG Auction and any delay in obtaining a refund shall not justify the rescission of any sale.
3. REQUIREMENTS AND CREDIT LIMITS
(a) In order to register to bid, you are required to supply the information requested, including valid credit card or other accepted payment information. If you are bidding with JG Auction for the first time, you will have an automatic aggregate bid limit of £1,000. To access uncapped bidding, you must provide a digital copy of a photographic government issued ID (e.g. passport, driving license) and a proof of address document dated within the last 3 months (e.g. utility bill). This bidding limit applies to all items for sale within each particular online auction. This aggregate limit shall apply to all items bid upon in the aggregate, and shall not apply on a per lot basis. This bidding limit is based upon the maximum bid you enter as opposed to the actual bid amount accepted at that time. JG Auction, in its sole discretion, may lower or rescind this limit and has the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until that lot closes.
If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those items or any additional bids on other items. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such a lot have not met or exceeded the maximum bid amount. If you have a question regarding your bidding limit, please contact JG Auction Client Service at UK: +44 (0)207 229 2934.
(b) JG Auction may also require the production of bank or other financial references or that you meet certain qualifications. JG Auction may also require deposits of a portion of a placed bid to be made to JG Auction. In such an event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
(c) If you are bidding on behalf of an entity, please contact JG Auction Client Service at UK: +44 (0)207 229 2934 to set up your JG Auction account. JG Auction may require you, or, if you are registering to bid on behalf of a company in accordance with section B.2, your company, to provide the following types of information and/or documentation:
(i) Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing);
(ii) Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organisation or operating agreement);
(iii) Confirmation of registered address (e.g., utility bill, bank statement or recent postal envelope, if the registered address is not listed on company documents);
(iv) Valid, government-issued photo ID for the account owner (driver’s license, passport or national identity card).
JG Auction Client Services will contact you to request such information and/or documentation.
(d) JG Auction is committed to the detection and deterrence of money laundering and operates checks and controls for this purpose. In connection with these objectives and in the interests of the reputation and integrity of its business generally, JG Auction reserves the right, at our complete discretion, to: refuse your registration or participation in the auction or sale; revoke your permission to participate and/or refuse to award you lots at any time prior to, during or even after the close of the sale; and require the production of document relating to your identity and/or creditworthiness at any point, including in connection with any other transactions, whether online or otherwise.
C. DURING THE SALE
1. CONNECTIVITY AND TECHNICAL ISSUES
The application that enables online bidding is optimised for broadband connectivity (DSL or cable modem). Please note that broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
2. REFUSAL OF BIDDING
JG Auction reserves the right, in our absolute discretion, to reject your registration to bid; to reject, revoke or refuse to accept any bid (even those that have been previously accepted); to withdraw or divide any lot; combine any two or more lots; or, whether during or after the sale, to restart or continue the bidding. JG Auction also reserves the right to disable or deactivate your account at any time during the sale. JG Auction may exercise such rights in cases where a manifest error becomes apparent but this does not limit the circumstances in which JG Auction may exercise such rights.
3. ONLINE BIDDING PROCESS/BIDDING INCREMENTS
An online-only auction is, by its nature, fast-moving. Competitive bidding can often progress very quickly. As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate credit limit referred to in paragraph B.3(a). You acknowledge that this is necessary in order to ensure that online bids are submitted and received as promptly as bids from other bidders. You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, be permitted to amend, retract or revoke your bid. We are not responsible for any errors you make in bidding. JG Auction reserves the right to restart an auction or to restart bidding on any particular lot if it considers it is appropriate and reasonable to do so.
Once you have made a bid the next bidding increment is shown for your convenience on your bid button.
Bidding generally opens at the low estimate, at a specified bid amount and advances in increments of up to 10%, subject to JG Auction discretion. Bidding increments:
For Sales in GBP:
£0 to £200 by £10
£200 to £500 by £20
£500 to £1,000 by £50
£1,000 to £2,000 by £100
£2,000 to £5,000 by £200
£5,000 to £10,000 by £500
£10,000 to £20,000 by £1,000
£20,000 to £50,000 by £2,000
£50,000 to £100,000 by £5,000
Above £100,000 to repeat in the same manner as set forth above.
JG Auction may vary increments during the course of the auction at JG Auction’s discretion.
Bids may only be submitted between the dates and times specified in the Sale Particulars.
JG Auction may show bids in some other major currencies as well as the currency of the auction, as specified in the Sale Particulars. Any conversion is for guidance only and we cannot be bound by any rate of exchange shown by the currency calculator.
4. RESERVES
Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept and below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate. If any lot is not subject to a reserve, it will be identified in the lot description. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not been met, the system may automatically raise the current bid to meet the reserve price. Under no circumstances will the system place any bid on behalf of the seller at or above the reserve.
5. THE RECORD OF THE SALE
The record of sale (which are JG Auction own records relating to the sale) will be taken as absolute and final in all disputes. In the event of a discrepancy between JG Auction and any online records or messages provided to you and the record of sale, the record of sale will govern.
6. WITHDRAWAL OF LOTS
JG Auction reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction, and shall have no liability whatsoever with regard to such withdrawal.
7. EMPLOYEE BIDDING
Please note that employees of JG Auction may be bidding in any Online Only auction.
8. SUCCESSFUL BIDS
Unless JG Auction decides to exercise its discretion as set out in paragraphs C2 and C6 above, the highest bid when the lot closes will determine the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder at the end of the auction. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of any successful bid by checking your online account. We do not accept responsibility for notifying you of the result of your bids unless you are successful.
9. UNSOLD LOTS
After the sale, if a consignment is unsold vendors can choose to:
(a) Reconsign the lot at a lower reserve price.
(b) Have the item returned to them.
If an item is returned to the vendor, it is the vendor’s responsibility to ensure that it is shipped or collected from the premises. The cost of shipping is covered by the vendor.
D. THE BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY
1. THE BUYER’S PREMIUM
We charge a buyer’s premium to the buyer on the hammer price (excluding 20% VAT). The amount of the buyer’s premium is set out in the Sale Particulars.
2. VAT AND SIMILAR TAXES
You are responsible for any value added tax (VAT) (including but not limited to, any Import VAT), sales tax or value added sales tax, sales or compensating use tax or any other similar tax payable as a result of the sale of the lot. Further information and guidance as to the application of such taxes are set out in the Sale Particulars. Tax charges and refunds depend on the particular circumstances of the buyer so the information in the Sale Particulars, which is not exhaustive, should be used only as a general guide. In all circumstances the applicable law of the relevant jurisdiction takes precedence.
Information for the UK bidders and international bidders collecting in person:
(i) VAT will be charged at 20% on the buyer’s premium
(ii) The symbol ‘ * ‘ indicates that the lot has been imported from outside the United Kingdom and it is currently liable to an additional rate of VAT (5%) on the hammer price, along with the standard commission. No 5% VAT is payable on the hammer price if lots appear without the ‘ * ‘ symbol.
3. ARTIST’S RESALE ROYALTY
In certain countries, local laws entitle the artist or the artist’s estate to a royalty known as ‘artist’s resale right’ when any lot created by the artist is sold. We identify these lots with the symbol ‘§’ next to the lot number. If these laws apply to a lot, you must pay us an extra amount equal to the royalty (unless the law requires the payment to be made by the seller). We will pay a royalty to the appropriate authority on the seller’s behalf. Where the JG Auction selling company specified in the Sale Particulars is located in the EU the artist’s royalty applies if the hammer price of the lot is more than 1,000 euro and the total charge for any lot cannot be more than 12,500 euro. We work out the amount owed as follows:
Royalty for the portion of the hammer price (in euros)
4% up to 50,000
3% between 50,000.01 and 200,000
1% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
over 500,000, the lower of 0.25% and 12,500 euro.
We will work out the artist’s resale royalty using the euro to sterling rate of exchange of the European Central Bank on the day of the auction.
E. WARRANTIES
1. SELLER’S WARRANTIES
For each lot, the seller gives a warranty that the seller:
(a) Is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and
(b) Has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.
2. JG AUCTION AUTHENTICITY WARRANTY
If your lot is not authentic, subject to the terms below, we will refund the purchase price paid by you (our “authenticity warranty”). The meaning of authentic can be found in the glossary at the end of these conditions of sale. The terms of the authenticity warranty are as follows:
(a) It is provided for a period of 1 year from the date of the sale.
(b) It is given only for information shown in UPPERCASE type in the first line of the lot description (the “Heading”). It does not apply to any information other than in the Heading even if shown in UPPERCASE type.
(c) The authenticity warranty does not apply to any Heading or part of a Heading which is qualified. Qualified means limited by a clarification in a lot’s description. For example, use of the term “ATTRIBUTED TO” in a Heading means that the lot is in JG Auction’s opinion most likely a work by the named artist but no warranty is provided that the lot is the work of the named artist. Please read the full list of Qualified Headings and a lot’s full description before bidding.
(d) The authenticity warranty applies to the Heading as amended by any notice given to you during a sale.
(e) The authenticity warranty does not apply if the Heading either matches the generally accepted opinion of experts at the date of the sale or draws attention to any conflict of opinion.
(f) The authenticity warranty does not apply if the lot can only be shown not to be authentic by a scientific process which, on the date we published the Sale Particulars, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the lot.
(g) The benefit of the authenticity warranty is only available to the original buyer shown on the invoice for the lot issued at the time of the sale and only if the original buyer has owned the lot continuously between the date of sale and the date of claim. It may not be transferred to anyone else.
(h) In order to claim under the authenticity warranty you must:
(i) notify us in writing that the lot is not authentic within one year after the sale. Regrettably, if you fail to do so your claim cannot be accepted;
(ii) obtain the written opinions of two recognised experts in the field of the lot mutually agreed by you and us in advance confirming that the lot is not authentic. We reserve the right to obtain additional opinions at our expense;
(iii) return the lot to the specified saleroom within one month after such notification has been given, and in the condition it was in at the time of sale.
(i) Your only right under this authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more than this total amount.
(j) Books. Where the lot is a book, we give an additional warranty for 14 days from the date of the sale that if on collation any lot is defective in text or illustration, we will refund your purchase price, including the buyer’s premium, subject to the following terms:
(k) This additional warranty does not apply to:
(i) the absence of blanks, half titles, tissue guards or advertisements, damage in respect of bindings, stains, spotting, marginal tears or other defects not affecting the completeness of the text or illustration;
(ii) drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps or periodicals;
(iii) books not identified by title;
(iv) lots sold without a printed estimate;
(v) books which are described as sold not subject to return; or
(vi) defects stated in any condition report or announced at the time of sale.
(l) To make a claim under this paragraph you must give written details of the defect and return the lot to the location from which it was shipped to you (or as we direct) in the same condition as at the time of sale, within 14 days of the date of the sale.
3. DISCLAIMER OF ADDITIONAL WARRANTIES
To the fullest extent permissible under applicable law, JG Auction and the seller disclaim and exclude any and all other warranties of any kind relating to the lots and the online-only service, whether express or implied by statute or common law or otherwise.
This disclaimer and exclusion does not affect your statutory rights as a consumer, nor your rights under the warranties in paragraphs E.1 and E.2.
F. PAYMENT
1. HOW TO PAY
(a) You must pay the total amount due: in the case of auctions by no later than the time specified in the Sale Particulars. The total amount due is the total of the following amounts:
(i) the hammer price and the buyer’s premium (in the case of a sale by auction);
(ii) any amounts due under paragraph D.2 and D.3 (artist’s royalty) above;
(iii) all shipping and related costs and charges including Loss, Damage, Theft, and Liability;
(iv) any duties, goods, sales or service tax or VAT.
(b) International Duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all 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.
(c) We will only accept payment from the registered bidder. We cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export a lot and you need an export license.
(d) You must pay for any lot bought at JG Auction via the online-only auction by a permitted credit or debit card unless an alternative method is specified in the Sale Particulars. We will only accept credit cards with a MasterCard, Visa, American Express or China Union Pay (if the China Union Pay credit card has a Visa or MasterCard logo). Other methods of payment will not be accepted unless specified.
(e) JG Auction will only accept payment from the registered bidder. If you registered and bid as a company, your company will need to pay for any purchases via a credit card issued to the company account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. Please contact JG Auction on UK: +44 (0)207 229 2934 for any questions relating to payments.
2. PAYMENT METHOD
Please note that if you pay for your purchase using a credit card issued outside the region of the sale, depending on the type of card and account you hold, the payment may incur a cross-border transaction fee. If you think this may apply to you, please check with your credit card issuer before proceeding to check-out.
3. TRANSFERRING OWNERSHIP TO YOU
You will not own the lot until we have received full and clear payment of all amounts due.
4. TRANSFERRING RISK TO YOU
The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following:
(a) When the lot comes into your physical possession or that of any person you identify to take possession of the lot if we dispatch the lot to you using the method of shipping which we have specified for the sale in the Sale Particulars;
(b) If you arrange to use a carrier to deliver the goods to you and the carrier is not one that we provide as an option for you to choose, when the lot is collected by that carrier; or
(c) If collection is permitted (the Sale Particulars will state if collection is allowed), when you collect the lot.
5. LATE PAYMENT OR FAILURE TO PAY
(a) Full payment must be made by the due date set out in the Sale Particulars, which is 10 working days from the issue of invoice. Failure to pay by the due date will result in you being unable to participate in any of our future auctions.
(b) If you fail to pay us the total amount due in full by the due date, we will be entitled to do one or more of the following, as well as enforcing any other rights we have by law:
(i) we can charge you a late-payment fee worked out at a rate of 5% a year above the UK Barclays base rate from time to time on the unpaid amount due;
(ii) we can cancel the sale of the lot. If we do this, we may sell the lot again, in which case you must pay us any shortfall between the total amount due to us and the proceeds from the resale;
(iii) we can hold you legally responsible for the total amount due and may begin legal proceedings to recover it together with our late-payment fee, legal fees and costs as far as we are allowed by law;
(iv) we can take what you owe us from any amounts which we or any company in the Japanese Gallery Group may owe you (including any deposit or other part-payment which you have paid to us);
(v) we can at our sole option reveal your identity and contact details to the seller; and/or
(vi) we can take any other action we see necessary or appropriate.
(c) If you owe money to us or to another Japanese Gallery Group company, we can use any amount you do pay, including any deposit or other part-payment you have made to us, or which we owe you, to pay off any amount you owe to us or another Japanese Gallery Group company for any transaction.
6. KEEPING YOUR PROPERTY
If you owe money to us or to another Japanese Gallery Group company, as well as the rights set out in paragraph F.5 above, we can use or deal with any of your property we hold or which is held by another Japanese Gallery Group company in any way we are allowed to by law.
We will only release this property to you after you pay us or the relevant Japanese Gallery Group company in full for what you owe. However, if we choose, we can also sell your property in any way we think appropriate. We will use the proceeds of the sale against any amounts you owe us and we will pay any amount left from that sale to you. If there is a shortfall, you must pay us any difference between the amount we have received from the sale and the amount you owe us.
G. SHIPPING AND COLLECTIONS
1. SHIPPING CHARGES
(a) Unless you opt to collect the lot in person, you will pay for the lot and shipping charges in a single checkout.
(b) A shipping charge estimate for specific lots can be provided to you prior to the sale upon request.
(c) Unless otherwise stated, any shipping charges you will be required to pay will include:
(i) shipping charges from where the lot is located to your designated delivery address
(ii) shipment insurance equal to 1.5% of the value of the purchase price (subject to a minimum charge of £12.00 GBP)
(iii) a packaging and processing fee of £15
(d) 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.
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.
2. HANDLING AND TRANSPORT
You will be responsible for any and all shipping expenses, including costs, packing and handling, and shipment insurance as specified in the Sale Particulars. Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, JG Auction is not responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts or omissions and you agree to release us from any such liability.
JG Auction uses DHL as standard for in-house shipping. The use of alternative shipping companies or collection in person may be available upon request; in both cases, this would be considered a collection in store and a 20 % VAT charge on the buyer’s premium will be added to your invoice in line with Section G.3 below. JG Auction cannot be held liable for loss, damage, or theft of items once they are handed over to the client and/or third-party representative. Any issues must be taken up between the buyer with the relevant transport and shipping company.
3. COLLECTION
(a) If you opt to collect the lot in person or nominate a third-party representative to collect the lot on your behalf, you will be liable to pay 20% VAT on the buyer’s premium.
(b) If you nominate a third-party representative to collect the lot on your behalf, you will need to provide us with their full name. They will need to present photographic government-issued identification or a copy of the invoice in order for us to release your lot to them.
(c) The client is responsible for packaging items that are collected from the store. JG Auction may provide packaging materials at its discretion. If the client requests that JG Auction package the lot on their behalf, it is done with their full understanding that if the item should be damaged in this process and/or thereafter, JG Auction cannot be held liable. JG Auction reserves the right to refuse any request to package the item on the client’s behalf.
(d) For items collected in store either by the buyer or by a third-party representative, the 14-day cooling-off period will not apply. Please refer to section J.1 for more information on returns.
4. STORAGE
All items must be shipped or collected within 10 working days from the issue of the invoice. Any items not shipped or collected within this time will incur a storage fee of £5 incl. VAT, charged per item per day. This will be charged up to and including the date of shipping or collection. The storage fee must be paid before the item is released.
5. EXPORT AND IMPORT
(a) We aim not to include any lots in online-only sales which will be prevented from leaving the country by the laws of the country in which the lot is located, or from being delivered to a country selected by the buyer to which it is to be shipped. However, any lot sold may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country.
(b) Obtaining the necessary permits and/or licences may result in additional costs and subsequent delays. Local laws may prevent you from importing a lot or may prevent you selling a lot in the country you import it into. You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which apply to exporting or importing any lot prior to bidding. If you are refused a licence or there is a delay in getting one, you must still pay us in full for the lot. We may be able to help you apply for the appropriate licences, if you ask us to and pay our fee for doing so.
(c) Lots made of protected species. Lots made of or including (regardless of the percentage) endangered and other protected species of wildlife are marked with the symbol ‘ ~ ’ in the Sale Particulars. This material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone and certain species of coral, together with Brazilian rosewood.
Several countries refuse to allow you to import property containing these materials, and some other countries require a licence from the relevant regulatory agencies in the countries of exportation as well as importation. As a result, you should check the relevant customs laws and regulations before bidding on any lot containing wildlife material if you plan to import the lot into another country.
(d) Gold. Gold of less than 18ct does not qualify in all countries as “gold” and may be refused import into those countries as “gold”.
(e) Jewellery. Jewellery may require an export licence subject to age and value criteria. Obtaining the necessary licence may result in additional costs and subsequent delays. We can apply on your behalf if you make a request for us to do so as part of the online check-out process.
6. FAILED DELIVERY
(a) If dispatched items are returned to JG Auction due to any of the reasons listed below (i-iii), the customer will be liable to cover both the return shipping costs and the costs incurred to dispatch the item a second time.
(i) Customs charges not paid in full
(ii) Incorrect contact information provided to us by you
(iii) Incorrect shipping information provided to us by you
(b) As per section G.4, the returned item(s) will incur a storage fee. When the total owed becomes equal to the value of the item(s), JG Auction reserves the right to repossess the item(s) in line with paragraph F.6.
7. SHIPMENT INSURANCE
(a) All shipments are covered by Shipment Insurance through DHL Express. The standard charge of Shipment Insurance is 1.5% of the value of the goods declared (subject to a minimum charge of £12.00 GBP). This charge includes Insurance Premium Tax where applicable. Shipment Insurance provides financial protection against all risks of physical loss or damage to goods during transportation, from an external cause.
On rare occasions, a package may be lost or the contents damaged during shipment no matter how carefully it is handled. JG Auction arranges shipping on your behalf and cannot be held liable for loss, damage, or theft of items once they are handed over to DHL representatives. Any issues must be taken up between the buyer and DHL. If your package is lost or damaged in transit, it is your responsibility to initiate a claim directly with DHL within 14 days of the date of delivery, or within 14 days of the date you received confirmation that it was lost. JG Auction may, where appropriate, assist in facilitating the claim process with DHL. However, the ultimate responsibility for filing the claim rests with the buyer.
In the event you make a successful claim through DHL, you will be entitled to a refund of the purchase price and delivery charges, minus the shipment insurance charge. For further details regarding refund eligibility and terms, please refer to Section J.
If you fail to provide sufficient evidence for a successful claim, JG Auction cannot issue you with a refund.
(b) You may choose to remove shipment insurance from your shipping charge. In the case where the package is lost, damaged or stolen in transit, JG Auction cannot be held liable and the buyer will not receive any refund.
H. OTHER IMPORTANT TERMS
1. YOUR LEGAL RIGHTS
(a) JG Auction offers internet services as a convenience to our clients, but JG Auction will not be responsible to you for errors or failure to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by:
(i) any loss of connection to the online-only sale;
(ii) a breakdown or problems with the online bidding software; and/or
(iii) a breakdown or problems with any internet connection, computer, mobile device or system.
Execution of on-line and mobile internet bids is a free service and JG Auction does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity.
2. OUR LIABILITY TO YOU WHEN WE SELL A LOT WHICH IS NOT OWNED BY JAPANESE GALLERY
(a) We have no liability to you in relation to the seller’s warranties in paragraph E.1 or in relation to any terms which are implied into contracts by law and which are the responsibility of the seller of an item.
(b) In any event, subject to paragraph H.2(f), we shall have no liability to you for:
(i) any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure
(ii) any indirect or consequential loss or damage whatsoever.
(c) Please be aware that condition reports, and currency converter are free services and we are not responsible to you for any errors (human or otherwise), omission or breakdown in these services.
(d) Subject to paragraph H.2(f), we have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) If, in spite of the terms in paragraphs (a) to (d) above, we are found to be liable to you for any reason, subject to paragraph H.2(f), our maximum aggregate liability to you pursuant to these Conditions of Sale and any related Sale Particulars shall be limited to the purchase price plus buyer’s premium paid by you to us.
(f) Nothing in these Conditions of Sale shall limit or exclude the liability of JG Auction for death or personal injury caused by its negligence, fraudulent misrepresentation or fraudulent concealment or for any other liability which cannot be limited or excluded by applicable law.
3. SELLER’S LIABILITY
(a) Please note that JG Auction will be the seller if it owns a lot; if it does not own a lot, it acts as an agent for the seller and this paragraph H.3 shall only relate to the liability of the third party seller of the lot. If JG Auction is the owner of a lot, this paragraph H.3 shall be applicable to JG Auction liability to you.
(b) Please note the exclusions of warranties set out in paragraph E.3. Paragraph E.3 limits the seller’s liability to you.
(c) Subject to paragraph H.3(e), the seller’s maximum aggregate liability to you pursuant to these conditions of sale and any related Sale Particulars shall be limited to the purchase price paid by you to us.
(d) Subject to paragraph H.3(e), the seller shall have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure; or (ii) any indirect or consequential loss or damage whatsoever.
(e) Nothing in these Conditions of Sale shall limit or exclude the liability of the seller for death or personal injury caused by its negligence, fraudulent misrepresentation or fraudulent concealment or for any other liability which cannot be limited or excluded by applicable law.
4. EVENTS OUTSIDE THE CONTROL OF JG AUCTION OR THE SELLER
Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we, you or the seller has under these Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs, fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination.
5. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel the sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
6. COPYRIGHT
We own the copyright in all images, illustrations and written material produced by or for us relating to a lot (including the contents of our Sale Particulars). You cannot use them without our written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the lot.
7. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid, or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.
8. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer your rights or responsibilities under these terms on the contract of sale with the buyer unless we have given our written permission. This agreement will be binding on your estate and anyone who takes over your rights and responsibilities.
9. TRANSLATIONS
If we have provided a translation of these conditions of sale, we will use the English language version in deciding any issues or disputes which arise under this agreement.
10. PERSONAL INFORMATION
We will hold and process your personal information and may pass it to another Japanese Gallery Group company for use as described in, and in line with our privacy policy at https://www.jgauction.com/privacy-policy-2/
All payments information relating to the sale is collected and processed directly by Barclays, and not by JG Auction.
Barclays may undertake fraud prevention reviews prior to processing any payment or as part of the payment process. Payment specific information which is submitted to Barclays is processed on PCI compliant secure servers and in accordance to Barclays PCI Compliance certification.
The information submitted and used for processing payments is as below:
(a) Name and contact details including shipping and billing addresses
(b) Credit Card information
(c) Total transaction value
(d) Your IP Address of which you are checking out from
JG Auction does not have access to, or retain any credit card or other payment information details.
11. WAIVER
No failure or delay to exercise any right or remedy provided under these conditions of sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12. LAW AND DISPUTES
This agreement and any rights arising outside this agreement shall be governed by the laws of the United Kingdom.
13. REPORTING ON JGAUCTION.COM
Details of all lots sold by us, including Sale Particulars descriptions and prices, may be reported on jgauction.com. Auction sales totals are hammer price plus buyer’s premium and do not reflect costs, financing fees, or application of buyer’s or seller’s credits. We regret that we cannot agree to requests to remove these details from jgauction.com.
I. ANTI-MONEY LAUNDERING REGULATIONS
According to the latest HMRC Anti-Money Laundering Regulations, any auction house, dealer or anyone trading in or acting as an intermediary in the trade of works of art must verify identities and conduct appropriate due diligence checks.
In order to meet these regulations, Japanese Gallery Group reserves the right to request clients intending to bid and buy with JG Auction to provide photographic ID together with a proof of residency. Corporate clients should also provide a copy of their articles of association / company registration documents together with a letter authorising the individual to purchase on the company’s behalf.
Failure to provide the necessary documents may result in your order not being processed, cancelled, or refunded (please see section J for information on refunds). In this case, JG Auction reserves the right to exclude you from bidding with JG Auction indefinitely until the documents are provided, in line with section C.2.
Once documents have been screened and approved, clients will be able to make future transactions provided that the details submitted do not change. If the documents provided have an expiry date or if the registered address has changed, we will require clients to resubmit their details with their updated information.
J. REFUNDS
1. YOUR RIGHTS TO END THE CONTRACT
(a) Your rights when you end the Contract will depend on whether there is anything wrong with it, when you decide to end the Contract:
(i) If what you have bought is misdescribed you may have a legal right to end the Contract and shipping costs will be refunded in full.
(ii) If you have just changed your mind about the item in accordance with clause J.1(b), you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any lots and any other associated charges that may be incurred.
(iii) If what you have bought was lost, stolen, or damaged in transit, please refer to section G.7 on your responsibility to process an insurance claim with DHL.
(iv) In all other cases there will be no rights to a refund. Items can be offered for consignment with JG Auction.
(b) For most items bought online you have a legal right to change your mind within 14 days after the delivery date and receive a refund. If you end the Contract for any reason after the items have been dispatched to you, you must return them to us, either in person to our store address or by post in accordance with section J.3 for a successful refund. If you are exercising your right to change your mind you must send off the items within 14 days of providing us with written confirmation that you wish to end the Contract. In this event, the shipping charges outlined in section G.1(c) are non-refundable.
(c) For items collected in store either by the buyer or by a third-party representative, the 14-day cooling-off period will not apply.
2. HOW TO END THE CONTRACT WITH US
(a) To end the Contract with us before your order has been dispatched, please let us know by doing one of the following:
(i) Call customer services on +44 (0)20 7229 2934
(ii) Email us at info@jgauction.com.
Please provide your name, home address, details of the order and, where available, your phone number and email address. If contacting us by email, please attach the invoice as well.
(b) JG Auction must be informed within 14 days of receiving the item of your intention to return any item. The notice to return the item must be accompanied with photographs of damage or discrepancies indicated by you. Items damaged in transit must be documented (i.e. photographed) on delivery and e-mailed to JG Auction immediately. All the original shipment wrap and packaging must be kept by you in order to process a successful compensation claim (see Section G.7).
3. RETURNING ITEMS TO US
(a) To return online purchases, we require the items to be in their original condition. Any deterioration in condition may affect the customer’s right to a full refund. The works will remain the responsibility of the customer until they are physically received by JG Auction.
(b) Returns by post: Items may be returned by the customer using any secure means (which may include their local postal service or DHL). We advise that you reuse the original packaging and dispatch it to the following address, ensuring you mark the package as a return and retain proof of postage.
Returns should be addressed to:
Japanese Gallery Kensington,
66E Kensington Church Street,
London W8 4BY,
United Kingdom
(c) We will pay for the costs of return if the items are misdescribed. In all other circumstances, including where you are exercising your right to change your mind under clause J.1(b), you must pay the costs of return and any associated costs.
4. REFUND PAYMENT
(a) Refunds can only be processed to the original payment method.
(b) Any and all bank transfer fees and currency exchange fees will be covered by you.
(c) Insurance charges are non-refundable and are incurred at the buyer’s expense.
(d) We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(i) Your refund will be made within 14 days from the day on which we receive the items back from you or, if earlier, the day on which you provide us with evidence that you have sent the items back to us.
(ii) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
K. GLOSSARY
Authentic: a genuine example, rather than a copy or forgery of:
(i) The work of a particular artist, author or manufacturer, if the lot is described in the title description (and not qualified) as the work of that artist, author or manufacturer;
(ii) A work created within a particular period or culture, if the lot is described in the title description (and not qualified) as a work created during that period or culture;
(iii) A work for a particular origin source if the lot is described in the title description (and not qualified) as being of that origin or source; or
(iv) In the case of gems, a work which is made of a particular material, if the lot is described in UPPERCASE as being made of that material.
Authenticity Warranty: the guarantee we give in this agreement that a lot is authentic as set out in section E.2 of this agreement.
Buyer’s Premium: the charge the buyer pays us along with the hammer price.
JG Auction: the company within Japanese Gallery Group and specified in the Sale Particulars which offers to sell a lot either as an agent for the seller or as the owner of the lot.
Japanese Gallery Group: Japanese Gallery Kensington Ltd, its subsidiaries, and other companies within its corporate group.
Condition: the physical condition of a lot.
Conditions of Sale: the Conditions of Sale set out above; our Explanations of Cataloguing Practice; the explanation of symbols used in the Sale Particulars; and the explanation of the application of VAT or other similar applicable sales taxes.
Estimate: the price range included in the particulars of Sale within which we believe a lot may sell. Low estimate means the lower figure in the range and high estimate means the higher figure. The mid estimate is the midpoint between the two.
Hammer price: the amount of the highest bid for the sale of a lot via auction.
Heading: has the meaning given to it in paragraph E.2.
Lot: an item to be offered for sale at an online auction (or two or more items to be offered at auction as a group).
Lot description: the description of a lot in the Sale Particulars for the sale, as amended by any notice given to you during the auction.
Online-only sale: a sale of a lot which is conducted solely by means of JG Auction online-only service sale platform.
Online-only service: a platform and associated technical services accessible solely by online means which enables a buyer to bid for and buy lots through an auction.
Provenance: the ownership history of a lot.
Reserve: the confidential amount below which we will not sell a lot.
Sale Particulars: the lot information (the online description of the lot or lots offered for sale together with other information on the sale website relating to a lot and the conduct of the sale); lot notes; payment information; any on-screen notices displayed as part of a sale; and any Special Conditions of Sale which apply to any lot or group of lots offered for sale at the same time.
Seller: the owner of a lot; this may be either JG Auction or another owner for whom JG Auction acts as agent, as indicated in the Sale Particulars.
Special Conditions of Sale: any additional conditions which apply to a sale and which are set out in the Sale Particulars.
Super Authorised User: an individual authorised to execute transactions on behalf of an entity which has a registered transactional account.
Total amount due: has the meaning given to it in paragraph F.1 (a).
Upper case type: having all capital letters.
Warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.
L. VAT SYMBOLS, EXPLANATIONS AND REFUNDS
1. VAT SYMBOLS
VAT payable varies by symbol described below as indicated by the symbol associated with a lot.
No Symbol : We will use the Auctioneers’ Margin Scheme. No VAT will be charged on the hammer price.
† Lot is subject to standard UK VAT rules and 20% VAT will be charged on the ‘hammer’ and the ‘buyer’s premium’.
* These lots have been imported from outside the UK under the Temporary Admission regime. 5% UK import VAT will be charged on the hammer price and VAT at 20% will be charged on the buyer’s premium but will not be shown separately on our invoice.
Ω These lots have been imported from outside the UK under the Temporary Admission regime. 20% UK import VAT will be charged on the hammer price and VAT at 20% will be charged on the buyer’s premium but will not be shown separately on our invoice.
** The VAT treatment will depend on whether you have registered to bid with a UK address or non-UK address:
If you register to bid with an address within the UK you will be invoiced under the VAT Margin Scheme (see No Symbol above).
If you register to bid with an address outside of the UK you will be invoiced under standard VAT rules (see † symbol above)
# Books: We will use the Auctioneers’ Margin Scheme. No VAT is charged on the hammer price. VAT at 20% will be added to the buyer’s premium but will not be shown separately on our invoice.
2. VAT REFUNDS
(a) If you choose to collect the lot in person or via your appointed representative, the applicable VAT and duty charges will be payable before collection. If you arrange your own export out of the UK and wish to retrospectively apply for a VAT exemption or refund you will need to provide the correct shipping evidence within the required time frame as prescribed by UK law.
Following the UK’s departure from the EU (Brexit), private buyers will only be able to secure VAT-free invoicing and/or VAT refunds if they instruct JG Auction or a third party commercial shipper to export out of the UK on their behalf.
(b) Notes:
(1) We CANNOT offer refunds of VAT amounts or Import VAT to buyers who do not meet all applicable conditions in full. If you are unsure whether you will be entitled to a refund, please contact our team at info@jgauction.com before you bid.
(2) No VAT amounts or Import VAT will be refunded where the total refund is under £100.
(3) In order to receive a refund of VAT amounts/Import VAT (as applicable) non-UK buyers must:
(i) have registered to bid with an address outside of the UK; and
(ii) export the lot from the UK within 30 days of collection for * and † lots and 3 months of collection for all other lots and immediately afterwards provide us with satisfactory proof of export.
(4) If you appoint JG Auction or one of our authorised shippers to arrange your export/shipping we will issue you with an export invoice with any VAT or Import VAT which you would be entitled to have refunded upon export/shipping removed. If you later cancel this appointment we will issue a revised invoice charging you all applicable VAT charges.
(5) If you ask us to re-invoice you under standard UK VAT rules (as if the lot had been sold with a † symbol) instead of under the Auctioneers Margin Scheme the lot may become ineligible to be resold using the Margin Schemes. You should take professional advice if you are unsure how this may affect you.
All re-invoicing requests must be received within four years from the date of sale.
If you have any questions about VAT refunds please contact JG Auction at info@jgauction.com, or +44 (0)20 7229 2934.
(c) Non-UK buyers:
If you meet ALL of the conditions in notes (1) to (3) above in section L.2(b), we will refund the following tax charges:
No symbol |
We will refund the VAT amount in the buyer’s premium. |
† and ** |
VAT charged on the hammer price will be refunded. Trade clients will also receive a refund of the VAT amount in the buyer’s premium. The VAT amount in the buyer’s premium cannot be refunded to non-trade clients. |
* and Ω |
We will refund the Import VAT charged on the hammer price and the VAT amount in the buyer’s premium |
(d) UK VAT registered buyer:
No symbol, † and # |
The VAT amount in the buyer’s premium cannot be refunded. However, upon request we can re-invoice you under normal UK VAT rules (as if the lot had been sold with a † symbol) instead of the Auctioneers’ Margin Scheme. You can then reclaim the VAT charged through your own VAT return subject to HMRC’s rules |
* |
You can reclaim the VAT charged through your own VAT return subject to HMRC’s rules and you may be able to reclaim the Import VAT on the hammer price through your own VAT return with C79 issued by HMRC. The VAT amount in the buyer’s premium cannot be refunded. However, upon request we can re-invoice you under normal UK VAT rules (as if the lot had been sold with a † symbol) instead of the Auctioneers’ Margin Scheme. You can reclaim the VAT charged through your own VAT return subject to HMRC’s rules. |
(e) For non VAT registered UK buyers, no VAT refunds are possible.
M. SYMBOLS USED IN SALE PARTICULARS
º JG Auction has a direct financial interest in lots consigned for sale, which may include guaranteeing a minimum price or making an advance to the consignor which is secured solely by consigned property. This symbol will be used both in cases where JG Auction holds the financial interest on its own, and in cases where JG Auction has financed all or part of such interest through third parties. When a third party agrees to finance all or part of JG Auction interest in a lot, it takes on all or part of the risk of the lot not being sold, and will be remunerated in exchange for accepting this risk. The third party may also bid for the lot. Where it does so, and is the successful bidder, the remuneration may be netted against the final purchase price. If the lot is not sold, the third party may incur a loss. Where JG Auction has an ownership or financial interest in every lot in the catalogue, JG Auction will not designate each lot with a symbol, but will state its interest at the front of the catalogue. If property has º next to the lot number, JG Auction guarantees a minimum price has been financed through third parties.
§ Artist’s Resale Right. See paragraph D.3 of the Conditions of Sale.
± Lot offered without reserve which will be sold to the highest bidder regardless of the pre-sale estimate in the Sale Particulars.
~ Lot which could be subject to export restrictions. See Section G.5 of the Conditions of Sale.
^ Lot which may not be able to be shipped to the US. See paragraph G.5. of the Conditions of Sale.
† * Ω ** # See Paragraph L.1 on VAT symbols for further information.
Please note that lots are marked as a convenience to you and we shall not be liable for any errors in, or failure to, mark a lot.
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Payment must be done within 10 days of receiving the invoice. We are able to arrange in-house shipping if required. Please contact info@jgauction.com for shipping quotes. Any items not collected by 10 working days after the invoice is issued, storage fee will apply (£5 per day per item). Items will be shipped as soon as it is safe to do so and depending on the destination country, shipping delays may occur.
The sale will feature Japanese art and antiques including woodblock prints (ukiyo-e), samurai arms and armour, satsuma, and lacquerware. A wide selection of Japanese popular culture art – authentic production cels, vintage anime and movie posters.
Viewing is available at the following dates and times by appointment only:
20/01/25 - 11am to 5pm
21/01/25 - 11am to 5pm
22/01/25 - 11am to 5pm
23/01/25 - 11am to 5pm
24/01/25 - 11am to 5pm
66E Kensington Church Street, W84BY
Please contact us to book an appointment.
The fees applied to the hammer price via Room, Absentee Bids, Online, and Autobid are as follows:
For those registered directly with JG Auction:
24% excl. VAT.
For those registered via other platforms:
27% excl. VAT.
These fees include buyer's premium. Telephone bids are currently not available.
CONDITIONS OF SALE
A. BEFORE THE SALE
1. DESCRIPTION OF LOTS
2. CONDITION
3. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
4. ESTIMATES
B. REGISTERING TO BID
1. REGISTRATION
2. REGISTERING AS PRINCIPAL/ON BEHALF OF A COMPANY
3. REQUIREMENTS AND CREDIT LIMITS
C. DURING THE SALE
1. CONNECTIVITY AND TECHNICAL ISSUES
2. REFUSAL OF BIDDING
3. ONLINE BIDDING PROCESS/BIDDING INCREMENTS
4. RESERVES
5. THE RECORD OF THE SALE
6. WITHDRAWAL OF LOTS
7. EMPLOYEE BIDDING
8. SUCCESSFUL BIDS
9. UNSOLD LOTS
D. THE BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY
1. THE BUYER’S PREMIUM
2. VAT AND SIMILAR TAXES
3. ARTIST’S RESALE ROYALTY
E. WARRANTIES
1. SELLER’S WARRANTIES
2. JG AUCTION AUTHENTICITY WARRANTY
3. DISCLAIMER OF ADDITIONAL WARRANTIES
F. PAYMENT
1. HOW TO PAY
2. PAYMENT METHOD
3. TRANSFERRING OWNERSHIP TO YOU
4. TRANSFERRING RISK TO YOU
5. LATE PAYMENT OR FAILURE TO PAY
6. KEEPING YOUR PROPERTY
G. SHIPPING AND COLLECTIONS
1. SHIPPING CHARGES
2. HANDLING AND TRANSPORT
3. COLLECTION
4. STORAGE
5. EXPORT AND IMPORT
6. FAILED DELIVERY
7. SHIPMENT INSURANCE
H. OTHER IMPORTANT TERMS
1. YOUR LEGAL RIGHTS
2. OUR LIABILITY TO YOU WHEN WE SELL A LOT WHICH IS NOT OWNED BY JG AUCTION
3. SELLER’S LIABILITY
4. EVENTS OUTSIDE THE CONTROL OF JG AUCTION OR THE SELLER
5. OUR ABILITY TO CANCEL
6. COPYRIGHT
7. ENFORCING THIS AGREEMENT
8. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
9. TRANSLATIONS
10. PERSONAL INFORMATION
11. WAIVER
12. LAW AND DISPUTES
13. REPORTING ON JGAUCTION.COM
I. ANTI-MONEY LAUNDERING REGULATIONS
J. REFUNDS
1. YOUR RIGHTS TO END THE CONTRACT
2. HOW TO END THE CONTRACT WITH US
3. RETURNING ITEMS TO US
4. REFUND PAYMENT
K. GLOSSARY
L. VAT SYMBOLS, EXPLANATIONS AND REFUNDS
1. VAT SYMBOLS
2. VAT REFUNDS
M. SYMBOLS USED IN SALE PARTICULARS
CONDITIONS OF SALE
These Conditions of Sale set out the terms on which JG Auction (also referred to as “we”, “us”, “our” and “ourselves” in these Conditions of Sale) and the seller offer the lots listed in the Sale Particulars.
You should read these Conditions of Sale and the Sale Particulars carefully BEFORE PLACING ANY BID. These Conditions of Sale and the sale particulars set out terms and conditions which may become contractually binding on you. They also describe certain limitations and exclusions of liability for JG Auction and, where applicable, the third party seller of an item.
By bidding in an auction, you (also referred to as the “buyer”, “bidder”, and “your” in these Conditions of Sale) agree to these Conditions of Sale and the Sale Particulars shall be contractually binding on you.
If you make a successful bid for a lot in an auction, these Conditions of Sale and the provisions of the Sale Particulars will form a contract for sale of that lot between you and the seller.
The party who is the seller for the purposes of an auction or sale will depend on who owns the lot at the time the sale is completed. If the lot is owned by JG Auction, we will be the seller. If the item is owned by a third party, the third party owner of the lot will be the seller.
Where the third party is the seller, JG Auction will be selling that lot as the agent of the seller. This means that JG Auction is providing services to the third party sellers to help them sell their lot and that JG Auction is concluding the contract for the sale of the lot on behalf of that third party seller.
When JG Auction is the agent of the third party seller, the contract of sale which is created by any successful bid for a lot will be directly between you and the third party seller, and not between you and JG Auction. However, even when the sale is by JG Auction on behalf of the third party seller, JG Auction gives certain undertakings to you directly. These are further described below in these Conditions of Sale.
The Sale Particulars will identify who will be the owner of a lot immediately before the sale is completed: this may either be JG Auction or a third party, whose identity may not be disclosed.
The Sale Particulars will specify where the lot being offered for sale is located. This is important as, amongst other things, it may affect shipping costs, the VAT or sales tax being charged.
A. BEFORE THE SALE
1. DESCRIPTION OF LOTS
Certain words used in the Sale Particulars to describe a lot have special meanings. You can find a key to Symbols used in the Sale Particulars under the heading ‘symbols used in this sale’.
Our description of any lot and any condition report and any other statement made by us (whether orally or in writing) about any lot, including its nature or condition, artist, period, materials, approximate dimensions or provenance represents our honest opinion. In forming our opinion we use the standard of care a buyer would reasonably expect from an auction house of JG Auction’s standing taking into account the estimate of the lot. We do not conduct an in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.
2. CONDITION
(a) The condition of lots sold can vary widely due to factors such as age, previous damage, restoration, repair, and wear and tear. Given the nature of the lots, they will rarely be in perfect condition. Lots are sold in the condition they are in at the time of the sale.
(b) Any reference to condition in Sale Particulars will not amount to a full description of condition, and images may not show the condition of a lot clearly. 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 honest opinion but they may not refer to all faults, restorations, alterations or adaptations as our staff are not professional restorers or conservators. For that reason they are not an alternative to taking your own professional advice.
3. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
Information about our responsibility for our description of, and statements about, lots in the Sale Particulars and any condition report can be found in the following paragraphs.
4. ESTIMATES
Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auctions 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.
B. REGISTERING TO BID
1. REGISTRATION
If you have an existing JG Auction account, you can sign into the online-only auction with your existing username and password and subsequently register for the auction (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with JG Auction and, therefore, do not already have a JG Auction account, you will need to first create a JG Auction account following the instructions provided at https://jgauction.com and providing any required information and/or completing any necessary forms. Registration must be completed within the times specified in the Sale Particulars. For certain online-only sales you may be required to confirm a minimum age.
2. REGISTERING AS PRINCIPAL/ON BEHALF OF A COMPANY
When registering to bid, whether as an individual or on behalf of an entity, you acknowledge that by making a bid, you are accepting personal liability to pay the purchase price, including the buyer’s premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with JG Auction before the commencement of the sale that the bidder is acting as an agent on behalf of an identified third party acceptable to JG Auction and JG Auction will only look to the principal for payment.
If you are bidding on behalf of an entity as a Super Authorised User against an entity’s transactional account with JG Auction, you must select the appropriate account at the time of sale registration. If you do not already have a JG Auction account you will first need to create one; similarly if the entity does not have a JG Auction transactional account, you will first need to create one. In either situation, JG Auction may require your entity to provide certain documents or meet certain qualifications as set forth below. Please contact JG Auction Client Service to set up your JG Auction account or entity transactional account.
As a successful bidder, if you registered as a company bidder, your company will need to pay for any purchases via a credit card issued to the company account and not a personal account. JG Auction is not able to honour any reseller’s certificates through the online-only auction process. As a successful bidder, you will be charged VAT or any other applicable sales tax as part of the check-out process. Buyers claiming exemption and a refund must provide JG Auction with the appropriate valid and up-to-date documentation and JG Auction will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to JG Auction and any delay in obtaining a refund shall not justify the rescission of any sale.
3. REQUIREMENTS AND CREDIT LIMITS
(a) In order to register to bid, you are required to supply the information requested, including valid credit card or other accepted payment information. If you are bidding with JG Auction for the first time, you will have an automatic aggregate bid limit of £1,000. To access uncapped bidding, you must provide a digital copy of a photographic government issued ID (e.g. passport, driving license) and a proof of address document dated within the last 3 months (e.g. utility bill). This bidding limit applies to all items for sale within each particular online auction. This aggregate limit shall apply to all items bid upon in the aggregate, and shall not apply on a per lot basis. This bidding limit is based upon the maximum bid you enter as opposed to the actual bid amount accepted at that time. JG Auction, in its sole discretion, may lower or rescind this limit and has the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until that lot closes.
If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those items or any additional bids on other items. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such a lot have not met or exceeded the maximum bid amount. If you have a question regarding your bidding limit, please contact JG Auction Client Service at UK: +44 (0)207 229 2934.
(b) JG Auction may also require the production of bank or other financial references or that you meet certain qualifications. JG Auction may also require deposits of a portion of a placed bid to be made to JG Auction. In such an event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
(c) If you are bidding on behalf of an entity, please contact JG Auction Client Service at UK: +44 (0)207 229 2934 to set up your JG Auction account. JG Auction may require you, or, if you are registering to bid on behalf of a company in accordance with section B.2, your company, to provide the following types of information and/or documentation:
(i) Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing);
(ii) Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organisation or operating agreement);
(iii) Confirmation of registered address (e.g., utility bill, bank statement or recent postal envelope, if the registered address is not listed on company documents);
(iv) Valid, government-issued photo ID for the account owner (driver’s license, passport or national identity card).
JG Auction Client Services will contact you to request such information and/or documentation.
(d) JG Auction is committed to the detection and deterrence of money laundering and operates checks and controls for this purpose. In connection with these objectives and in the interests of the reputation and integrity of its business generally, JG Auction reserves the right, at our complete discretion, to: refuse your registration or participation in the auction or sale; revoke your permission to participate and/or refuse to award you lots at any time prior to, during or even after the close of the sale; and require the production of document relating to your identity and/or creditworthiness at any point, including in connection with any other transactions, whether online or otherwise.
C. DURING THE SALE
1. CONNECTIVITY AND TECHNICAL ISSUES
The application that enables online bidding is optimised for broadband connectivity (DSL or cable modem). Please note that broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
2. REFUSAL OF BIDDING
JG Auction reserves the right, in our absolute discretion, to reject your registration to bid; to reject, revoke or refuse to accept any bid (even those that have been previously accepted); to withdraw or divide any lot; combine any two or more lots; or, whether during or after the sale, to restart or continue the bidding. JG Auction also reserves the right to disable or deactivate your account at any time during the sale. JG Auction may exercise such rights in cases where a manifest error becomes apparent but this does not limit the circumstances in which JG Auction may exercise such rights.
3. ONLINE BIDDING PROCESS/BIDDING INCREMENTS
An online-only auction is, by its nature, fast-moving. Competitive bidding can often progress very quickly. As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate credit limit referred to in paragraph B.3(a). You acknowledge that this is necessary in order to ensure that online bids are submitted and received as promptly as bids from other bidders. You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, be permitted to amend, retract or revoke your bid. We are not responsible for any errors you make in bidding. JG Auction reserves the right to restart an auction or to restart bidding on any particular lot if it considers it is appropriate and reasonable to do so.
Once you have made a bid the next bidding increment is shown for your convenience on your bid button.
Bidding generally opens at the low estimate, at a specified bid amount and advances in increments of up to 10%, subject to JG Auction discretion. Bidding increments:
For Sales in GBP:
£0 to £200 by £10
£200 to £500 by £20
£500 to £1,000 by £50
£1,000 to £2,000 by £100
£2,000 to £5,000 by £200
£5,000 to £10,000 by £500
£10,000 to £20,000 by £1,000
£20,000 to £50,000 by £2,000
£50,000 to £100,000 by £5,000
Above £100,000 to repeat in the same manner as set forth above.
JG Auction may vary increments during the course of the auction at JG Auction’s discretion.
Bids may only be submitted between the dates and times specified in the Sale Particulars.
JG Auction may show bids in some other major currencies as well as the currency of the auction, as specified in the Sale Particulars. Any conversion is for guidance only and we cannot be bound by any rate of exchange shown by the currency calculator.
4. RESERVES
Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept and below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate. If any lot is not subject to a reserve, it will be identified in the lot description. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not been met, the system may automatically raise the current bid to meet the reserve price. Under no circumstances will the system place any bid on behalf of the seller at or above the reserve.
5. THE RECORD OF THE SALE
The record of sale (which are JG Auction own records relating to the sale) will be taken as absolute and final in all disputes. In the event of a discrepancy between JG Auction and any online records or messages provided to you and the record of sale, the record of sale will govern.
6. WITHDRAWAL OF LOTS
JG Auction reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction, and shall have no liability whatsoever with regard to such withdrawal.
7. EMPLOYEE BIDDING
Please note that employees of JG Auction may be bidding in any Online Only auction.
8. SUCCESSFUL BIDS
Unless JG Auction decides to exercise its discretion as set out in paragraphs C2 and C6 above, the highest bid when the lot closes will determine the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder at the end of the auction. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of any successful bid by checking your online account. We do not accept responsibility for notifying you of the result of your bids unless you are successful.
9. UNSOLD LOTS
After the sale, if a consignment is unsold vendors can choose to:
(a) Reconsign the lot at a lower reserve price.
(b) Have the item returned to them.
If an item is returned to the vendor, it is the vendor’s responsibility to ensure that it is shipped or collected from the premises. The cost of shipping is covered by the vendor.
D. THE BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY
1. THE BUYER’S PREMIUM
We charge a buyer’s premium to the buyer on the hammer price (excluding 20% VAT). The amount of the buyer’s premium is set out in the Sale Particulars.
2. VAT AND SIMILAR TAXES
You are responsible for any value added tax (VAT) (including but not limited to, any Import VAT), sales tax or value added sales tax, sales or compensating use tax or any other similar tax payable as a result of the sale of the lot. Further information and guidance as to the application of such taxes are set out in the Sale Particulars. Tax charges and refunds depend on the particular circumstances of the buyer so the information in the Sale Particulars, which is not exhaustive, should be used only as a general guide. In all circumstances the applicable law of the relevant jurisdiction takes precedence.
Information for the UK bidders and international bidders collecting in person:
(i) VAT will be charged at 20% on the buyer’s premium
(ii) The symbol ‘ * ‘ indicates that the lot has been imported from outside the United Kingdom and it is currently liable to an additional rate of VAT (5%) on the hammer price, along with the standard commission. No 5% VAT is payable on the hammer price if lots appear without the ‘ * ‘ symbol.
3. ARTIST’S RESALE ROYALTY
In certain countries, local laws entitle the artist or the artist’s estate to a royalty known as ‘artist’s resale right’ when any lot created by the artist is sold. We identify these lots with the symbol ‘§’ next to the lot number. If these laws apply to a lot, you must pay us an extra amount equal to the royalty (unless the law requires the payment to be made by the seller). We will pay a royalty to the appropriate authority on the seller’s behalf. Where the JG Auction selling company specified in the Sale Particulars is located in the EU the artist’s royalty applies if the hammer price of the lot is more than 1,000 euro and the total charge for any lot cannot be more than 12,500 euro. We work out the amount owed as follows:
Royalty for the portion of the hammer price (in euros)
4% up to 50,000
3% between 50,000.01 and 200,000
1% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
over 500,000, the lower of 0.25% and 12,500 euro.
We will work out the artist’s resale royalty using the euro to sterling rate of exchange of the European Central Bank on the day of the auction.
E. WARRANTIES
1. SELLER’S WARRANTIES
For each lot, the seller gives a warranty that the seller:
(a) Is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and
(b) Has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.
2. JG AUCTION AUTHENTICITY WARRANTY
If your lot is not authentic, subject to the terms below, we will refund the purchase price paid by you (our “authenticity warranty”). The meaning of authentic can be found in the glossary at the end of these conditions of sale. The terms of the authenticity warranty are as follows:
(a) It is provided for a period of 1 year from the date of the sale.
(b) It is given only for information shown in UPPERCASE type in the first line of the lot description (the “Heading”). It does not apply to any information other than in the Heading even if shown in UPPERCASE type.
(c) The authenticity warranty does not apply to any Heading or part of a Heading which is qualified. Qualified means limited by a clarification in a lot’s description. For example, use of the term “ATTRIBUTED TO” in a Heading means that the lot is in JG Auction’s opinion most likely a work by the named artist but no warranty is provided that the lot is the work of the named artist. Please read the full list of Qualified Headings and a lot’s full description before bidding.
(d) The authenticity warranty applies to the Heading as amended by any notice given to you during a sale.
(e) The authenticity warranty does not apply if the Heading either matches the generally accepted opinion of experts at the date of the sale or draws attention to any conflict of opinion.
(f) The authenticity warranty does not apply if the lot can only be shown not to be authentic by a scientific process which, on the date we published the Sale Particulars, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the lot.
(g) The benefit of the authenticity warranty is only available to the original buyer shown on the invoice for the lot issued at the time of the sale and only if the original buyer has owned the lot continuously between the date of sale and the date of claim. It may not be transferred to anyone else.
(h) In order to claim under the authenticity warranty you must:
(i) notify us in writing that the lot is not authentic within one year after the sale. Regrettably, if you fail to do so your claim cannot be accepted;
(ii) obtain the written opinions of two recognised experts in the field of the lot mutually agreed by you and us in advance confirming that the lot is not authentic. We reserve the right to obtain additional opinions at our expense;
(iii) return the lot to the specified saleroom within one month after such notification has been given, and in the condition it was in at the time of sale.
(i) Your only right under this authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more than this total amount.
(j) Books. Where the lot is a book, we give an additional warranty for 14 days from the date of the sale that if on collation any lot is defective in text or illustration, we will refund your purchase price, including the buyer’s premium, subject to the following terms:
(k) This additional warranty does not apply to:
(i) the absence of blanks, half titles, tissue guards or advertisements, damage in respect of bindings, stains, spotting, marginal tears or other defects not affecting the completeness of the text or illustration;
(ii) drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps or periodicals;
(iii) books not identified by title;
(iv) lots sold without a printed estimate;
(v) books which are described as sold not subject to return; or
(vi) defects stated in any condition report or announced at the time of sale.
(l) To make a claim under this paragraph you must give written details of the defect and return the lot to the location from which it was shipped to you (or as we direct) in the same condition as at the time of sale, within 14 days of the date of the sale.
3. DISCLAIMER OF ADDITIONAL WARRANTIES
To the fullest extent permissible under applicable law, JG Auction and the seller disclaim and exclude any and all other warranties of any kind relating to the lots and the online-only service, whether express or implied by statute or common law or otherwise.
This disclaimer and exclusion does not affect your statutory rights as a consumer, nor your rights under the warranties in paragraphs E.1 and E.2.
F. PAYMENT
1. HOW TO PAY
(a) You must pay the total amount due: in the case of auctions by no later than the time specified in the Sale Particulars. The total amount due is the total of the following amounts:
(i) the hammer price and the buyer’s premium (in the case of a sale by auction);
(ii) any amounts due under paragraph D.2 and D.3 (artist’s royalty) above;
(iii) all shipping and related costs and charges including Loss, Damage, Theft, and Liability;
(iv) any duties, goods, sales or service tax or VAT.
(b) International Duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all 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.
(c) We will only accept payment from the registered bidder. We cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export a lot and you need an export license.
(d) You must pay for any lot bought at JG Auction via the online-only auction by a permitted credit or debit card unless an alternative method is specified in the Sale Particulars. We will only accept credit cards with a MasterCard, Visa, American Express or China Union Pay (if the China Union Pay credit card has a Visa or MasterCard logo). Other methods of payment will not be accepted unless specified.
(e) JG Auction will only accept payment from the registered bidder. If you registered and bid as a company, your company will need to pay for any purchases via a credit card issued to the company account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. Please contact JG Auction on UK: +44 (0)207 229 2934 for any questions relating to payments.
2. PAYMENT METHOD
Please note that if you pay for your purchase using a credit card issued outside the region of the sale, depending on the type of card and account you hold, the payment may incur a cross-border transaction fee. If you think this may apply to you, please check with your credit card issuer before proceeding to check-out.
3. TRANSFERRING OWNERSHIP TO YOU
You will not own the lot until we have received full and clear payment of all amounts due.
4. TRANSFERRING RISK TO YOU
The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following:
(a) When the lot comes into your physical possession or that of any person you identify to take possession of the lot if we dispatch the lot to you using the method of shipping which we have specified for the sale in the Sale Particulars;
(b) If you arrange to use a carrier to deliver the goods to you and the carrier is not one that we provide as an option for you to choose, when the lot is collected by that carrier; or
(c) If collection is permitted (the Sale Particulars will state if collection is allowed), when you collect the lot.
5. LATE PAYMENT OR FAILURE TO PAY
(a) Full payment must be made by the due date set out in the Sale Particulars, which is 10 working days from the issue of invoice. Failure to pay by the due date will result in you being unable to participate in any of our future auctions.
(b) If you fail to pay us the total amount due in full by the due date, we will be entitled to do one or more of the following, as well as enforcing any other rights we have by law:
(i) we can charge you a late-payment fee worked out at a rate of 5% a year above the UK Barclays base rate from time to time on the unpaid amount due;
(ii) we can cancel the sale of the lot. If we do this, we may sell the lot again, in which case you must pay us any shortfall between the total amount due to us and the proceeds from the resale;
(iii) we can hold you legally responsible for the total amount due and may begin legal proceedings to recover it together with our late-payment fee, legal fees and costs as far as we are allowed by law;
(iv) we can take what you owe us from any amounts which we or any company in the Japanese Gallery Group may owe you (including any deposit or other part-payment which you have paid to us);
(v) we can at our sole option reveal your identity and contact details to the seller; and/or
(vi) we can take any other action we see necessary or appropriate.
(c) If you owe money to us or to another Japanese Gallery Group company, we can use any amount you do pay, including any deposit or other part-payment you have made to us, or which we owe you, to pay off any amount you owe to us or another Japanese Gallery Group company for any transaction.
6. KEEPING YOUR PROPERTY
If you owe money to us or to another Japanese Gallery Group company, as well as the rights set out in paragraph F.5 above, we can use or deal with any of your property we hold or which is held by another Japanese Gallery Group company in any way we are allowed to by law.
We will only release this property to you after you pay us or the relevant Japanese Gallery Group company in full for what you owe. However, if we choose, we can also sell your property in any way we think appropriate. We will use the proceeds of the sale against any amounts you owe us and we will pay any amount left from that sale to you. If there is a shortfall, you must pay us any difference between the amount we have received from the sale and the amount you owe us.
G. SHIPPING AND COLLECTIONS
1. SHIPPING CHARGES
(a) Unless you opt to collect the lot in person, you will pay for the lot and shipping charges in a single checkout.
(b) A shipping charge estimate for specific lots can be provided to you prior to the sale upon request.
(c) Unless otherwise stated, any shipping charges you will be required to pay will include:
(i) shipping charges from where the lot is located to your designated delivery address
(ii) shipment insurance equal to 1.5% of the value of the purchase price (subject to a minimum charge of £12.00 GBP)
(iii) a packaging and processing fee of £15
(d) 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.
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.
2. HANDLING AND TRANSPORT
You will be responsible for any and all shipping expenses, including costs, packing and handling, and shipment insurance as specified in the Sale Particulars. Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, JG Auction is not responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts or omissions and you agree to release us from any such liability.
JG Auction uses DHL as standard for in-house shipping. The use of alternative shipping companies or collection in person may be available upon request; in both cases, this would be considered a collection in store and a 20 % VAT charge on the buyer’s premium will be added to your invoice in line with Section G.3 below. JG Auction cannot be held liable for loss, damage, or theft of items once they are handed over to the client and/or third-party representative. Any issues must be taken up between the buyer with the relevant transport and shipping company.
3. COLLECTION
(a) If you opt to collect the lot in person or nominate a third-party representative to collect the lot on your behalf, you will be liable to pay 20% VAT on the buyer’s premium.
(b) If you nominate a third-party representative to collect the lot on your behalf, you will need to provide us with their full name. They will need to present photographic government-issued identification or a copy of the invoice in order for us to release your lot to them.
(c) The client is responsible for packaging items that are collected from the store. JG Auction may provide packaging materials at its discretion. If the client requests that JG Auction package the lot on their behalf, it is done with their full understanding that if the item should be damaged in this process and/or thereafter, JG Auction cannot be held liable. JG Auction reserves the right to refuse any request to package the item on the client’s behalf.
(d) For items collected in store either by the buyer or by a third-party representative, the 14-day cooling-off period will not apply. Please refer to section J.1 for more information on returns.
4. STORAGE
All items must be shipped or collected within 10 working days from the issue of the invoice. Any items not shipped or collected within this time will incur a storage fee of £5 incl. VAT, charged per item per day. This will be charged up to and including the date of shipping or collection. The storage fee must be paid before the item is released.
5. EXPORT AND IMPORT
(a) We aim not to include any lots in online-only sales which will be prevented from leaving the country by the laws of the country in which the lot is located, or from being delivered to a country selected by the buyer to which it is to be shipped. However, any lot sold may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country.
(b) Obtaining the necessary permits and/or licences may result in additional costs and subsequent delays. Local laws may prevent you from importing a lot or may prevent you selling a lot in the country you import it into. You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which apply to exporting or importing any lot prior to bidding. If you are refused a licence or there is a delay in getting one, you must still pay us in full for the lot. We may be able to help you apply for the appropriate licences, if you ask us to and pay our fee for doing so.
(c) Lots made of protected species. Lots made of or including (regardless of the percentage) endangered and other protected species of wildlife are marked with the symbol ‘ ~ ’ in the Sale Particulars. This material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone and certain species of coral, together with Brazilian rosewood.
Several countries refuse to allow you to import property containing these materials, and some other countries require a licence from the relevant regulatory agencies in the countries of exportation as well as importation. As a result, you should check the relevant customs laws and regulations before bidding on any lot containing wildlife material if you plan to import the lot into another country.
(d) Gold. Gold of less than 18ct does not qualify in all countries as “gold” and may be refused import into those countries as “gold”.
(e) Jewellery. Jewellery may require an export licence subject to age and value criteria. Obtaining the necessary licence may result in additional costs and subsequent delays. We can apply on your behalf if you make a request for us to do so as part of the online check-out process.
6. FAILED DELIVERY
(a) If dispatched items are returned to JG Auction due to any of the reasons listed below (i-iii), the customer will be liable to cover both the return shipping costs and the costs incurred to dispatch the item a second time.
(i) Customs charges not paid in full
(ii) Incorrect contact information provided to us by you
(iii) Incorrect shipping information provided to us by you
(b) As per section G.4, the returned item(s) will incur a storage fee. When the total owed becomes equal to the value of the item(s), JG Auction reserves the right to repossess the item(s) in line with paragraph F.6.
7. SHIPMENT INSURANCE
(a) All shipments are covered by Shipment Insurance through DHL Express. The standard charge of Shipment Insurance is 1.5% of the value of the goods declared (subject to a minimum charge of £12.00 GBP). This charge includes Insurance Premium Tax where applicable. Shipment Insurance provides financial protection against all risks of physical loss or damage to goods during transportation, from an external cause.
On rare occasions, a package may be lost or the contents damaged during shipment no matter how carefully it is handled. JG Auction arranges shipping on your behalf and cannot be held liable for loss, damage, or theft of items once they are handed over to DHL representatives. Any issues must be taken up between the buyer and DHL. If your package is lost or damaged in transit, it is your responsibility to initiate a claim directly with DHL within 14 days of the date of delivery, or within 14 days of the date you received confirmation that it was lost. JG Auction may, where appropriate, assist in facilitating the claim process with DHL. However, the ultimate responsibility for filing the claim rests with the buyer.
In the event you make a successful claim through DHL, you will be entitled to a refund of the purchase price and delivery charges, minus the shipment insurance charge. For further details regarding refund eligibility and terms, please refer to Section J.
If you fail to provide sufficient evidence for a successful claim, JG Auction cannot issue you with a refund.
(b) You may choose to remove shipment insurance from your shipping charge. In the case where the package is lost, damaged or stolen in transit, JG Auction cannot be held liable and the buyer will not receive any refund.
H. OTHER IMPORTANT TERMS
1. YOUR LEGAL RIGHTS
(a) JG Auction offers internet services as a convenience to our clients, but JG Auction will not be responsible to you for errors or failure to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by:
(i) any loss of connection to the online-only sale;
(ii) a breakdown or problems with the online bidding software; and/or
(iii) a breakdown or problems with any internet connection, computer, mobile device or system.
Execution of on-line and mobile internet bids is a free service and JG Auction does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity.
2. OUR LIABILITY TO YOU WHEN WE SELL A LOT WHICH IS NOT OWNED BY JAPANESE GALLERY
(a) We have no liability to you in relation to the seller’s warranties in paragraph E.1 or in relation to any terms which are implied into contracts by law and which are the responsibility of the seller of an item.
(b) In any event, subject to paragraph H.2(f), we shall have no liability to you for:
(i) any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure
(ii) any indirect or consequential loss or damage whatsoever.
(c) Please be aware that condition reports, and currency converter are free services and we are not responsible to you for any errors (human or otherwise), omission or breakdown in these services.
(d) Subject to paragraph H.2(f), we have no responsibility to any person other than a buyer in connection with the purchase of any lot.
(e) If, in spite of the terms in paragraphs (a) to (d) above, we are found to be liable to you for any reason, subject to paragraph H.2(f), our maximum aggregate liability to you pursuant to these Conditions of Sale and any related Sale Particulars shall be limited to the purchase price plus buyer’s premium paid by you to us.
(f) Nothing in these Conditions of Sale shall limit or exclude the liability of JG Auction for death or personal injury caused by its negligence, fraudulent misrepresentation or fraudulent concealment or for any other liability which cannot be limited or excluded by applicable law.
3. SELLER’S LIABILITY
(a) Please note that JG Auction will be the seller if it owns a lot; if it does not own a lot, it acts as an agent for the seller and this paragraph H.3 shall only relate to the liability of the third party seller of the lot. If JG Auction is the owner of a lot, this paragraph H.3 shall be applicable to JG Auction liability to you.
(b) Please note the exclusions of warranties set out in paragraph E.3. Paragraph E.3 limits the seller’s liability to you.
(c) Subject to paragraph H.3(e), the seller’s maximum aggregate liability to you pursuant to these conditions of sale and any related Sale Particulars shall be limited to the purchase price paid by you to us.
(d) Subject to paragraph H.3(e), the seller shall have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure; or (ii) any indirect or consequential loss or damage whatsoever.
(e) Nothing in these Conditions of Sale shall limit or exclude the liability of the seller for death or personal injury caused by its negligence, fraudulent misrepresentation or fraudulent concealment or for any other liability which cannot be limited or excluded by applicable law.
4. EVENTS OUTSIDE THE CONTROL OF JG AUCTION OR THE SELLER
Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we, you or the seller has under these Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs, fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination.
5. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel the sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
6. COPYRIGHT
We own the copyright in all images, illustrations and written material produced by or for us relating to a lot (including the contents of our Sale Particulars). You cannot use them without our written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the lot.
7. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid, or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.
8. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer your rights or responsibilities under these terms on the contract of sale with the buyer unless we have given our written permission. This agreement will be binding on your estate and anyone who takes over your rights and responsibilities.
9. TRANSLATIONS
If we have provided a translation of these conditions of sale, we will use the English language version in deciding any issues or disputes which arise under this agreement.
10. PERSONAL INFORMATION
We will hold and process your personal information and may pass it to another Japanese Gallery Group company for use as described in, and in line with our privacy policy at https://www.jgauction.com/privacy-policy-2/
All payments information relating to the sale is collected and processed directly by Barclays, and not by JG Auction.
Barclays may undertake fraud prevention reviews prior to processing any payment or as part of the payment process. Payment specific information which is submitted to Barclays is processed on PCI compliant secure servers and in accordance to Barclays PCI Compliance certification.
The information submitted and used for processing payments is as below:
(a) Name and contact details including shipping and billing addresses
(b) Credit Card information
(c) Total transaction value
(d) Your IP Address of which you are checking out from
JG Auction does not have access to, or retain any credit card or other payment information details.
11. WAIVER
No failure or delay to exercise any right or remedy provided under these conditions of sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12. LAW AND DISPUTES
This agreement and any rights arising outside this agreement shall be governed by the laws of the United Kingdom.
13. REPORTING ON JGAUCTION.COM
Details of all lots sold by us, including Sale Particulars descriptions and prices, may be reported on jgauction.com. Auction sales totals are hammer price plus buyer’s premium and do not reflect costs, financing fees, or application of buyer’s or seller’s credits. We regret that we cannot agree to requests to remove these details from jgauction.com.
I. ANTI-MONEY LAUNDERING REGULATIONS
According to the latest HMRC Anti-Money Laundering Regulations, any auction house, dealer or anyone trading in or acting as an intermediary in the trade of works of art must verify identities and conduct appropriate due diligence checks.
In order to meet these regulations, Japanese Gallery Group reserves the right to request clients intending to bid and buy with JG Auction to provide photographic ID together with a proof of residency. Corporate clients should also provide a copy of their articles of association / company registration documents together with a letter authorising the individual to purchase on the company’s behalf.
Failure to provide the necessary documents may result in your order not being processed, cancelled, or refunded (please see section J for information on refunds). In this case, JG Auction reserves the right to exclude you from bidding with JG Auction indefinitely until the documents are provided, in line with section C.2.
Once documents have been screened and approved, clients will be able to make future transactions provided that the details submitted do not change. If the documents provided have an expiry date or if the registered address has changed, we will require clients to resubmit their details with their updated information.
J. REFUNDS
1. YOUR RIGHTS TO END THE CONTRACT
(a) Your rights when you end the Contract will depend on whether there is anything wrong with it, when you decide to end the Contract:
(i) If what you have bought is misdescribed you may have a legal right to end the Contract and shipping costs will be refunded in full.
(ii) If you have just changed your mind about the item in accordance with clause J.1(b), you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any lots and any other associated charges that may be incurred.
(iii) If what you have bought was lost, stolen, or damaged in transit, please refer to section G.7 on your responsibility to process an insurance claim with DHL.
(iv) In all other cases there will be no rights to a refund. Items can be offered for consignment with JG Auction.
(b) For most items bought online you have a legal right to change your mind within 14 days after the delivery date and receive a refund. If you end the Contract for any reason after the items have been dispatched to you, you must return them to us, either in person to our store address or by post in accordance with section J.3 for a successful refund. If you are exercising your right to change your mind you must send off the items within 14 days of providing us with written confirmation that you wish to end the Contract. In this event, the shipping charges outlined in section G.1(c) are non-refundable.
(c) For items collected in store either by the buyer or by a third-party representative, the 14-day cooling-off period will not apply.
2. HOW TO END THE CONTRACT WITH US
(a) To end the Contract with us before your order has been dispatched, please let us know by doing one of the following:
(i) Call customer services on +44 (0)20 7229 2934
(ii) Email us at info@jgauction.com.
Please provide your name, home address, details of the order and, where available, your phone number and email address. If contacting us by email, please attach the invoice as well.
(b) JG Auction must be informed within 14 days of receiving the item of your intention to return any item. The notice to return the item must be accompanied with photographs of damage or discrepancies indicated by you. Items damaged in transit must be documented (i.e. photographed) on delivery and e-mailed to JG Auction immediately. All the original shipment wrap and packaging must be kept by you in order to process a successful compensation claim (see Section G.7).
3. RETURNING ITEMS TO US
(a) To return online purchases, we require the items to be in their original condition. Any deterioration in condition may affect the customer’s right to a full refund. The works will remain the responsibility of the customer until they are physically received by JG Auction.
(b) Returns by post: Items may be returned by the customer using any secure means (which may include their local postal service or DHL). We advise that you reuse the original packaging and dispatch it to the following address, ensuring you mark the package as a return and retain proof of postage.
Returns should be addressed to:
Japanese Gallery Kensington,
66E Kensington Church Street,
London W8 4BY,
United Kingdom
(c) We will pay for the costs of return if the items are misdescribed. In all other circumstances, including where you are exercising your right to change your mind under clause J.1(b), you must pay the costs of return and any associated costs.
4. REFUND PAYMENT
(a) Refunds can only be processed to the original payment method.
(b) Any and all bank transfer fees and currency exchange fees will be covered by you.
(c) Insurance charges are non-refundable and are incurred at the buyer’s expense.
(d) We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(i) Your refund will be made within 14 days from the day on which we receive the items back from you or, if earlier, the day on which you provide us with evidence that you have sent the items back to us.
(ii) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
K. GLOSSARY
Authentic: a genuine example, rather than a copy or forgery of:
(i) The work of a particular artist, author or manufacturer, if the lot is described in the title description (and not qualified) as the work of that artist, author or manufacturer;
(ii) A work created within a particular period or culture, if the lot is described in the title description (and not qualified) as a work created during that period or culture;
(iii) A work for a particular origin source if the lot is described in the title description (and not qualified) as being of that origin or source; or
(iv) In the case of gems, a work which is made of a particular material, if the lot is described in UPPERCASE as being made of that material.
Authenticity Warranty: the guarantee we give in this agreement that a lot is authentic as set out in section E.2 of this agreement.
Buyer’s Premium: the charge the buyer pays us along with the hammer price.
JG Auction: the company within Japanese Gallery Group and specified in the Sale Particulars which offers to sell a lot either as an agent for the seller or as the owner of the lot.
Japanese Gallery Group: Japanese Gallery Kensington Ltd, its subsidiaries, and other companies within its corporate group.
Condition: the physical condition of a lot.
Conditions of Sale: the Conditions of Sale set out above; our Explanations of Cataloguing Practice; the explanation of symbols used in the Sale Particulars; and the explanation of the application of VAT or other similar applicable sales taxes.
Estimate: the price range included in the particulars of Sale within which we believe a lot may sell. Low estimate means the lower figure in the range and high estimate means the higher figure. The mid estimate is the midpoint between the two.
Hammer price: the amount of the highest bid for the sale of a lot via auction.
Heading: has the meaning given to it in paragraph E.2.
Lot: an item to be offered for sale at an online auction (or two or more items to be offered at auction as a group).
Lot description: the description of a lot in the Sale Particulars for the sale, as amended by any notice given to you during the auction.
Online-only sale: a sale of a lot which is conducted solely by means of JG Auction online-only service sale platform.
Online-only service: a platform and associated technical services accessible solely by online means which enables a buyer to bid for and buy lots through an auction.
Provenance: the ownership history of a lot.
Reserve: the confidential amount below which we will not sell a lot.
Sale Particulars: the lot information (the online description of the lot or lots offered for sale together with other information on the sale website relating to a lot and the conduct of the sale); lot notes; payment information; any on-screen notices displayed as part of a sale; and any Special Conditions of Sale which apply to any lot or group of lots offered for sale at the same time.
Seller: the owner of a lot; this may be either JG Auction or another owner for whom JG Auction acts as agent, as indicated in the Sale Particulars.
Special Conditions of Sale: any additional conditions which apply to a sale and which are set out in the Sale Particulars.
Super Authorised User: an individual authorised to execute transactions on behalf of an entity which has a registered transactional account.
Total amount due: has the meaning given to it in paragraph F.1 (a).
Upper case type: having all capital letters.
Warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.
L. VAT SYMBOLS, EXPLANATIONS AND REFUNDS
1. VAT SYMBOLS
VAT payable varies by symbol described below as indicated by the symbol associated with a lot.
No Symbol : We will use the Auctioneers’ Margin Scheme. No VAT will be charged on the hammer price.
† Lot is subject to standard UK VAT rules and 20% VAT will be charged on the ‘hammer’ and the ‘buyer’s premium’.
* These lots have been imported from outside the UK under the Temporary Admission regime. 5% UK import VAT will be charged on the hammer price and VAT at 20% will be charged on the buyer’s premium but will not be shown separately on our invoice.
Ω These lots have been imported from outside the UK under the Temporary Admission regime. 20% UK import VAT will be charged on the hammer price and VAT at 20% will be charged on the buyer’s premium but will not be shown separately on our invoice.
** The VAT treatment will depend on whether you have registered to bid with a UK address or non-UK address:
If you register to bid with an address within the UK you will be invoiced under the VAT Margin Scheme (see No Symbol above).
If you register to bid with an address outside of the UK you will be invoiced under standard VAT rules (see † symbol above)
# Books: We will use the Auctioneers’ Margin Scheme. No VAT is charged on the hammer price. VAT at 20% will be added to the buyer’s premium but will not be shown separately on our invoice.
2. VAT REFUNDS
(a) If you choose to collect the lot in person or via your appointed representative, the applicable VAT and duty charges will be payable before collection. If you arrange your own export out of the UK and wish to retrospectively apply for a VAT exemption or refund you will need to provide the correct shipping evidence within the required time frame as prescribed by UK law.
Following the UK’s departure from the EU (Brexit), private buyers will only be able to secure VAT-free invoicing and/or VAT refunds if they instruct JG Auction or a third party commercial shipper to export out of the UK on their behalf.
(b) Notes:
(1) We CANNOT offer refunds of VAT amounts or Import VAT to buyers who do not meet all applicable conditions in full. If you are unsure whether you will be entitled to a refund, please contact our team at info@jgauction.com before you bid.
(2) No VAT amounts or Import VAT will be refunded where the total refund is under £100.
(3) In order to receive a refund of VAT amounts/Import VAT (as applicable) non-UK buyers must:
(i) have registered to bid with an address outside of the UK; and
(ii) export the lot from the UK within 30 days of collection for * and † lots and 3 months of collection for all other lots and immediately afterwards provide us with satisfactory proof of export.
(4) If you appoint JG Auction or one of our authorised shippers to arrange your export/shipping we will issue you with an export invoice with any VAT or Import VAT which you would be entitled to have refunded upon export/shipping removed. If you later cancel this appointment we will issue a revised invoice charging you all applicable VAT charges.
(5) If you ask us to re-invoice you under standard UK VAT rules (as if the lot had been sold with a † symbol) instead of under the Auctioneers Margin Scheme the lot may become ineligible to be resold using the Margin Schemes. You should take professional advice if you are unsure how this may affect you.
All re-invoicing requests must be received within four years from the date of sale.
If you have any questions about VAT refunds please contact JG Auction at info@jgauction.com, or +44 (0)20 7229 2934.
(c) Non-UK buyers:
If you meet ALL of the conditions in notes (1) to (3) above in section L.2(b), we will refund the following tax charges:
No symbol |
We will refund the VAT amount in the buyer’s premium. |
† and ** |
VAT charged on the hammer price will be refunded. Trade clients will also receive a refund of the VAT amount in the buyer’s premium. The VAT amount in the buyer’s premium cannot be refunded to non-trade clients. |
* and Ω |
We will refund the Import VAT charged on the hammer price and the VAT amount in the buyer’s premium |
(d) UK VAT registered buyer:
No symbol, † and # |
The VAT amount in the buyer’s premium cannot be refunded. However, upon request we can re-invoice you under normal UK VAT rules (as if the lot had been sold with a † symbol) instead of the Auctioneers’ Margin Scheme. You can then reclaim the VAT charged through your own VAT return subject to HMRC’s rules |
* |
You can reclaim the VAT charged through your own VAT return subject to HMRC’s rules and you may be able to reclaim the Import VAT on the hammer price through your own VAT return with C79 issued by HMRC. The VAT amount in the buyer’s premium cannot be refunded. However, upon request we can re-invoice you under normal UK VAT rules (as if the lot had been sold with a † symbol) instead of the Auctioneers’ Margin Scheme. You can reclaim the VAT charged through your own VAT return subject to HMRC’s rules. |
(e) For non VAT registered UK buyers, no VAT refunds are possible.
M. SYMBOLS USED IN SALE PARTICULARS
º JG Auction has a direct financial interest in lots consigned for sale, which may include guaranteeing a minimum price or making an advance to the consignor which is secured solely by consigned property. This symbol will be used both in cases where JG Auction holds the financial interest on its own, and in cases where JG Auction has financed all or part of such interest through third parties. When a third party agrees to finance all or part of JG Auction interest in a lot, it takes on all or part of the risk of the lot not being sold, and will be remunerated in exchange for accepting this risk. The third party may also bid for the lot. Where it does so, and is the successful bidder, the remuneration may be netted against the final purchase price. If the lot is not sold, the third party may incur a loss. Where JG Auction has an ownership or financial interest in every lot in the catalogue, JG Auction will not designate each lot with a symbol, but will state its interest at the front of the catalogue. If property has º next to the lot number, JG Auction guarantees a minimum price has been financed through third parties.
§ Artist’s Resale Right. See paragraph D.3 of the Conditions of Sale.
± Lot offered without reserve which will be sold to the highest bidder regardless of the pre-sale estimate in the Sale Particulars.
~ Lot which could be subject to export restrictions. See Section G.5 of the Conditions of Sale.
^ Lot which may not be able to be shipped to the US. See paragraph G.5. of the Conditions of Sale.
† * Ω ** # See Paragraph L.1 on VAT symbols for further information.
Please note that lots are marked as a convenience to you and we shall not be liable for any errors in, or failure to, mark a lot.