Terms and Conditions

 

 

 

 

Thank you for being part of the ARTLINKGLOBAL family.

 

ARTLINKGLOBAL provides services which are governed by terms and conditions These Business Terms of Service give access to ARTLINKGLOBAL’S website and services Please read these Terms carefully, and email carolinedixwellcabot@artlinkglobal.com  if you have any questions. By entering a bid at auction or giving authority to ship and insure an antique or work of art or by accessing or using our services, you agree to be bound by these Terms.

 

1. Using Artlinkglobal

 

You may use our our services only if you can form a binding contract with Artlinkglobal, and only in compliance with these Terms and all applicable laws. When you create your Artlinkglobal account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf

 

2. Your Content

 

Artlinkglobal allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our website is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Artlinkglobal.

 

You grant Artlinkglobal and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content on Artlinkglobal.

 

Nothing in these Terms shall restrict other legal rights Artlinkglobal may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

 

We value hearing from our users, and are always interested in learning about ways we can improve Artlinkglobal. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you

 

3. Security

 

We care about the security of our users. While we work to protect the security of your content and account, Artlinkglobal cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.

 

4. Third-party Links, Sites and Services

 

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Artlinkglobal. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Artlinkglobal, you do so on your own recognizance and you agree that Artlinkglobal will have no liability arising from your use of or access to any third-party website, service, or content.

 

5. Indemnity

 

You agree to indemnify and hold harmless Artlinkglobal and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our services, (b) your User Content, or (c) your breach of any of these Terms.

 

6. Disclaimers

 

The art and antiques won at acution and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

 

Artlinkglobal SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, AND ANY WARRANTIES ARISING OUT OF COURSE OF IN THE PURCHASE, ACQUISITION, SHIPPING, AND INSURANCE OF BIDS WON AT AUCTION OR PURCHASED FROM PRIVATE DEALERS.

 

Artlinkglobal takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose.

 

7. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Artlinkglobal SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Artlinkglobal AGGREGATE LIABILITY FOR ALLCLAIMS RELATED TO THE SERVICES WHICH ARTLINKGLOBAL PROVIDES.

 

8. Arbitration

 

For any dispute you have with Artlinkglobal, you agree to first contact carolinedixwellcabot@artlinkglobal.com  and attempt to resolve the dispute with us informally. If Artlinkglobal has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Artlinkglobal agree otherwise, the arbitration will be conducted in the USA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Artlinkglobal will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $15,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY,AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ARTLINKGLOBAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

9. Governing Law and Jurisdiction

 

These Terms shall be governed by the laws of the State of Massachusetts, without respect to its conflict of laws principles. Our services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

 

10. General Terms

 

Notification Procedures and changes to these Terms. Artlinkglobal reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use our services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using this service.

 

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Artlinkglobal without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Artlinkglobal in connection with its services, shall constitute the entire agreement between you and Artlinkglobal  concerning our services and supersede any prior terms you have with Artlinkglobal regarding the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Artlinkglobal’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Terms and Conditions for purchase or sale at auction:

  • ALL SALES ARE FINAL and all lots are sold as shown and “AS IS,” with all faults, imperfections, and errors of description. Artlinkglobal, their employees and/or agents are not responsible for errors of description, genuineness or authenticity, and fault or defect in any lot. No warranties or representations whatsoever are given by Artlinkglobal, its employees and/or agents, to any buyer in respect to any lot, except as noted below under article #3, “Limited Warranties for Works of Art.”

 

  • ALL PAYMENTS ARE DUE IMMEDIATLEY FOLLOWING AUCTION, and all merchandise must be removed from the premises the day of the auction. Payment can be made with cash, money order, cashier’s check, bank wire transfer, or pre-approvedUSbank drawn check. Merchandise paid for withUSbank drawn pre-approved check or foriegn cashier’s check will be held for 10 days banking days.

 

  • LIMITED WARRANTIES FOR WORKS OF ART:
    Artwork: If, in the printed catalog, dates in parentheses appear between the bold printed artist’s name and the artwork title, we are indicating that this artwork was created by the artist listed and the included dates are year of birth and year of death for that specific artist. Notwithstanding any terms of the Conditions of Sale, if within 14 days of the sale, (1) auction house has received notice in writing from the original buyer of record of any artwork that authorship is in error and (2) this error is confirmed by a certified letter from an appraiser satisfactory to auction house, then auction house will set aside the sale and refund to the buyer the amount paid by the buyer for the lot. This warranty is specific to authorship only and does not extend to condition, restoration, medium, size, losses or any other defect. Any artwork returned for refund under the above provisions must be returned to auction house in the same condition it was at the time of sale.

 

  • The highest bidder acknowledged by the auctioneer will be the buyer of that lot. In the event of any dispute, the auctioneer shall have sole discretion to either determine the successful bidder or to re-offer for bidding, the lot in dispute. The auction house has sole discretion to refuse any bid, to divide any lot, to combine any two or more lots, and to withdraw any lot or lots from the sale.

 

  • Some lots may be offered subject to a reserve, which is a minimum price below which such lot will not be sold. The auction house may implement such reserves by bidding on behalf of the seller.

 

  • The auction house reserves the right to allow its employees to bid competitively at all auctions.
  • A buyer’s/seller’s premium of 15% of the successful bid price will be added to each lot bought or sold through Artlinkglobal and is payable by the collector as part of the total purchase price of each lot.
  • All purchases, including buyer’s premium, are subject to the collection of Massacusetts state and local sales taxes. Buyers will be required to pay 6.25% sales tax at the time of payment unless one of the two following conditions is met: 1) Items purchased will be shipped out of the State of Massachusetts by a registered ICC carrier.

 

  • CONDITION REPORTS: Artlinkglobal and its employees will provide, upon request, condition reports and additional photographs for items contained within the current auction catalog. This service is provided as a courtesy only and requesting a condition report in no way changes article #1 of Conditions of Sale. Since Artlinkglobal is not a professional conservators or restorers, we urge you to inspect each lot yourself or have an agent do so on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statement made by the auction house or its employees is merely a subjective qualified opinion, notwithstanding written reports or any discussion concerning condition in this catalog. Condition reports are provided by request on a “first come, first served” basis, making it imperative that requests are submitted early. Requests submitted close to auction date may not be completed.

 

  • EXPORT LICENSESANDPERMITS: Certain property sold at auction may be made of or contain elements of endangered and other protected species of wildlife. Such material includes, among other things, tortoiseshell, ivory, crocodile skin, whale bone, certain species of coral and other animal bone. These materials may be subject to laws governing export from theUnited Statesor import into a foreign country (i.e.: endangered species). Several countries prohibit the importation of property containing these materials altogether and other countries require a permit (e.g., a CITES permit) from their respective regulatory agency. For example, theUnited Statesgenerally prohibits the importation of articles less than 100 years of age that contain material from any species listed as endangered or threatened. It is the buyer’s responsibility to obtain any and all export or import licenses, permits or documentation required by any local authority for export from theUnited Statesor import into any other country for any object requiring same. The denial or delay in obtaining any license or permit from any agency shall not justify the cancellation or rescission of any sale or any delay in making payment for the total purchase price of any lot in accordance with these Conditions of Sale.

 

  • While the auction house and their employees and representatives, make every effort to accurately describe all lots offered for sale, it is incumbent upon the bidder to satisfy themselves in all areas of authenticity, originality, condition and imperfections. Bidders should also acknowledge that condition reports are often subjective and any item offered at auction may be subject to normal wear consistent with age that may not be specified in a condition report. If a bidder is uncertain about any of these issues, we would recommend that they not bid on lots in question. Artlinkglobal further urges that all potential bidders become familiar with “Commonly Used Terms and Abbreviations” printed in each catalog or available upon request.

 

  • These Conditions of Sale and the purchaser’s and our respective rights and obligations hereunder are governed by the laws of the State ofMassachusetts. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against the auction house or Artlinkglobal (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the Massachusetts legal system.

 

  • In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein.
  • If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor(s) by law, including without limitation the right to hold the purchaser liable for the total purchase price, with the purchaser to be responsible for all costs of collection (including attorneys’ fees and disbursements), the auction house or Artlinkglobal, at our option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency, costs including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder, and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser’s obligations to us, any property in our possession, owned by such purchaser. We shall have all of the rights accorded a secured party under the Massachusetts Uniform Commercial Code with respect to such property, and we may apply against such obligations all monies held or received by us for the account of, or due from us to, such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier’s checks, we have confirmed their authenticity.

 

  • All property must be removed from the auctioneers premises by the purchaser at their expense no later than 5 business days following its sale and, if it is not removed, the auction house reserves the right to charge a minimum storage fee of $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser’s expense. The auction house shall have no liability for any damage to property left on its premises for more than 5 days following the sale.

 

  • Your bid is a legally binding contract. If you are the successful bidder, you have entered into a contract to purchase the property bid on. Conditions ofSalemay be amended by posted notices in the salesroom or by announcement from the auctioneer.

 

  • Economist and Art Historian:
  • Proprietary search, authentication and strategic implementation at auctions worldwide