A COMPOSITION STONE FIGURE OF DIANA OF GABII, ON A CARVED LIMESTONE BASE, 20TH CENTURY

ORIENTAL ART AUCTIONS B.V. - CONDITIONS OF SALE

Conditions of business Oriental Art Auctions

Applicable when buying movable property at auction

1 Applicability

1.1 The present Conditions of Sale are applicable to all parts of the relationship between the Oriental Art Auctions and the Buyer, which include a particular sale, purchase, intermediary services, appraisals, evaluations, estimates, cataloguing, and custody. The term 'Buyer' includes the 'Intending Buyer' who participates in the auction.

1.2 Any departure from the present Conditions of Sale is only possible if and insofar as expressly agreed in writing by Oriental Art Auctions.

1.3 Visitors to the auction shall be made aware of the applicability of these Conditions of Sale by means of publication available at the sale room in advance of the auction sale and/or by means of communication made prior to the sale. By participating in the auction sale each person acknowledges the applicability of the present Conditions of Sale and their complete acceptance thereof.

2. Duty to inform / duty to inspect

2.1 Catalogue descriptions and any written or oral information given by the Specialist are to the best of his/her knowledge.

2.2 Prior to the sale the Buyer should satisfy him/herself as to both the condition and the accuracy of the description of any item in the internet catalogue or on the lot list by personally examining said item thoroughly or by having said item inspected carefully and expertly in order to form his/her own opinion as to the degree of correspondence between the item and its description. The Buyer should, where reasonably necessary or desirable, seek the opinion of an independent expert, and should not rely on the illustrations in printed, online or digital transmitted form. In the event that a description makes reference to certain faults or imperfections, Buyers should note that it is an indication which is not intended to be exhaustive and that there may be other faults not expressly referred to from which no rights can be derived.

2.3 Oriental Art Auctions cannot be held liable for the accuracy of the description published or expressed by any other means with respect to materials such as, for instance, types of wood, fabrics, alloys, earthenware, porcelain, and diamonds, all the above with the exception of precious metals. The Specialist accepts liability in case of an erroneous description only insofar as set out in Clause 6 of the present Conditions of Sale.

3. Bidding

3.1 Buyers may bid in person. It is also possible for a bidder to submit a telephone bid or a written bid. Other methods of bidding, for example, electronic or over the Internet or by means of oral instructions, are only available when said services are expressly offered by Oriental Art Auctions.

3.2 Commission bids should be clear and unambiguous and in the opinion of Oriental Art Auctions must be received well in advance of the start of any auction session. In the event that Oriental Art Auctions shall receive several commission bids on a Lot for identical amounts and at auction said commission bids are the highest bids for that Lot, in the above event, the Lot in question shall be knocked down by Oriental Art Auctions to the person whose commission bid (for the relevant amount) was received first.

3.3 Commission bids shall only be executed in the event that Oriental Art Auctions can reasonably be expected to do so and Oriental Art Auctions has discretion at all times to decide not to bring out a commission bid.

3.4 In the event that a Buyer wishes to bid by telephone, said telephone bid must be confirmed in writing no later than one day prior to auction.

3.5 Oriental Art Auctions shall exclude any and all liability whatsoever in the event that for whatever reason a telephone bid is unsuccessful, similarly in the event that for whatever reason a commission bid, electronic bid or bid over the Internet is unsuccessful.

4. Formation of a purchase agreement

4.1 The purchase is concluded by way of definitive allocation. Definitive allocation occurs upon acceptance by Oriental Art Auctions of the Buyer's bid as the final bid and the knocking down of the Lot to the Buyer.

4.2 All Lots are sold 'AS IS', in the condition they are in at the fall of the hammer.

5. Buyer's obligations

5.1 The Buyer shall provide proof of identity upon Oriental Art Auctions' request.

5.2 Buyers are deemed to be bidding for their own account and are personally liable for their bids without being able to rely on a principal.

5.3 The rights and obligations by reason of the Purchase Agreement and the present Conditions of Sale accrue exclusively to the Buyer and cannot be transferred to a third party.

6. Auctioneer's liability to Buyer

6.1 Unless certain items in the catalogue or on the lot list are expressly excluded - without prejudice to Clauses 2 & 4.2 - the Specialist may be willing to set aside the sale of a Lot sold at auction and to refund an amount corresponding to the original Purchase Price and auction costs in the event that the Seller within a period of three weeks subsequent to the sale has established to the satisfaction of Oriental Art Auctions that the Lot sold at auction has such serious hidden faults or that the description given is shown to be so erroneous that, had the Buyer been aware of said faults or had there been an accurate description at the fall of the hammer, said Buyer would have decided not to proceed with the purchase or would have made the purchase only at a considerably lower price. The above is not applicable to faults that are in relation to the condition of the item (such as, for instance, normal wear and restoration).

6.2 Oriental Art Auctions may refuse to take back a Lot in the event that its description was retracted in advance of or during a sale and the public has been informed of the correct description by means of oral announcements or the posting of notices in the saleroom.

6.3 The Buyer also forfeits any willingness on the part of Oriental Art Auctions to set aside the sale upon failure to return the item sold at auction in the same condition that it was in at the fall of the hammer, the above at the discretion of Oriental Art Auctions.

7. The rights of the Specialist and Oriental Art Auctions

7.1 Oriental Art Auctions reserve the following rights:

a. to refuse at its discretion any person as a bidder or Buyer;

b. to change at all times the numerical order of Lots on sale;

c. for items to be withdrawn or added;

d. to combine or divide Lots

e. to withhold or delay the sale of Lots;

f. to rectify erroneous bids and allocations, or to cancel a purchase so that the Buyer is unable to benefit from any such mistake by invoking the formation of a Purchase agreement;

g. to claim upon allocation immediate payment in whole or in part; in case of refusal or inability to pay, Oriental Art Auctions is authorized to cancel the Purchase agreement and subsequently resell the particular Lot and to reject at any future auction any bids made by the defaulting bidder;

h. to set aside the Purchase agreement and to resell the item in the event that the Buyer refuses upon request to supply Oriental Art Auctions with his/her full name and address by presenting valid proof of identity;

i. not to transfer items from the account of the original Buyer to that of a third party;

j. not to release items in the course of an auction;

k. to execute bids for and on behalf of a Buyer or a Seller;

l. to resell at auction any Lot that was subject to a dispute during or shortly after a sale, and to set aside any Purchase agreement pertaining thereto.

m. to request a deposit from registered bidders prior to the sale

8. Payment/ transfer of title

8.1 Payment by the Buyer to Oriental Art Auctions, of the Purchase Price in Euros plus auction costs, other charges and VAT, if due, all of which to be determined by Oriental Art Auctions, must occur prior to the release of the purchased items within 7 days after the Sale or within the time limit to be determined by Oriental Art Auctions, whereby no discount or set-off is permissible.

8.2 Invocation of the so-called margin scheme can only be made in the event that prior to the sale all the necessary conditions have been met, including inter alia the declaration of purchase for VAT purposes (inkoopverklaring); the above at the absolute sole discretion of Oriental Art Auctions.

8.3 Title to the property in a Lot shall not pass to the Buyer until full payment of the Purchase Price has been made and in case of overdue payment, not until payment of the Purchase Price including the costs/charges mentioned in Clause 9 has been made in full.

9. Overdue payment

9.1 In case of non-payment Oriental Art Auctions may charge the Buyer interest at a rate equal to that of the statutory interest plus 3%, to be calculated with effect from the date upon which the term for payment expired. All judicial and extrajudicial costs shall be borne by the defaulting Buyer, which costs shall be estimated either at 15% of the Purchase Price plus auction costs or at a minimum of € 250 (two hundred and fifty Euro), without prejudice to the right to recover any costs actually incurred.

9.2 In the event that the Buyer exceeds the term for payment as a consequence of which Buyer is in default by operation of law, Oriental Art Auctions is authorized to give written notice of the setting aside of the Purchase agreement.

10. Collection

10.1 The Buyer is obliged to take delivery of and to remove the items purchased or to make arrangements for the above within the period indicated by Oriental Art Auctions. Except for the right of Oriental Art Auctions to indicate a shorter or longer term, items must be collected within five working days from the date of the last auction sale.

10.2 Failure on the part of the Buyer to take delivery of the property purchased and to collect or arrange collection thereof within the stipulated time period, means that the Buyer is by operation of law in default and the provisions set out in Clause 9 shall apply mutatis mutandi. Oriental Art Auctions is also entitled at the risk and expense of the Buyer to place the property purchased in storage, as a consequence of which all transport costs and any risk inherent therein is likewise for the account of the Buyer.

11. Unsold lots

11.1 In the event that a Lot remains unsold at auction, Oriental Art Auctions is authorized but not obliged to reoffer the Lot for sale during a period of ten days following the auction, unless otherwise agreed to by the Consignor.

11.2 Oriental Art Auctions shall hold any such post-auction sale ("after sale") only if the sale can be effected at a price equivalent at least to the amount of the net proceeds of sale to which the Seller would have been entitled if the Lot had been sold for the reserve set at auction, unless other arrangements have been agreed to by the Seller.

11.3 Any purchase by a Buyer within the meaning of the present Clause shall incorporate these Conditions of Sale as if sold in the auction and shall be equally binding.

12. Liability of Oriental Art Auctions

12.1 Oriental Art Auctions accept no liability for any damage to frames of paintings or other works of art nor to any parts thereof such as glass coverings, passe-partouts etc., except in case of damage caused wilfully or by gross negligence on the part of Oriental Art Auctions and/or its employees or representatives.

12.2 In no event shall Oriental Art Auctions be liable for any damage/ loss caused by interruption to business, consequential damage/ loss, damage/ loss of property and/or indirect damage/ loss.

12.3 Oriental Art Auctions cannot be held liable for any accident or any form of personal injury suffered on or in the vicinity of the premises or surrounding areas in use for consignment, storing or viewing, for holding auctions or in use for picking up the goods sold, except in case of damage caused wilfully or by gross negligence on the part of Oriental Art Auctions and/or its employees or representatives and/or except insofar as such accident/personal injury is covered by the insurance of Oriental Art Auctions.

12.4 Entering the premises or surrounding areas is entirely at your own risk.

13. Photographs and illustrations

13.1 Oriental Art Auctions is authorized to make photographs, illustrations, or any other visual representations of all the items offered for sale and to use the above in any way whatsoever, prior to, during or following the auction sale, and shall observe any statutory regulations applicable. Oriental Art Auctions shall retain the copyright in all such visual representations for use at its discretion.

14. Miscellaneous

14.1 Nullification, annulment or the nonbindingness of one the provisions set out in the present General Conditions of Sale shall not affect the validity of the remaining provisions. In the event that one or more provisions is null and void, annulled or nonbinding, Buyer and Specialist and /or Oriental Art Auctions shall agree one or more provisions to replace the above which are valid and which correspond as far as possible in content and purport to the provisions that are null and void, annulled or nonbinding.

14.2 The present Conditions of Sale are governed exclusively by the Laws of the Netherlands.

14.3 All disputes pertaining to, arising from or in connection with any Purchase agreement concluded between Oriental Art Auctions and the Buyer, the formation of a Purchase agreement, or the present Conditions of Sale, shall be submitted to the exclusive jurisdiction of the competent court in Zwolle, except for the right of Oriental Art Auctions to choose to have the dispute adjudicated by the court that has jurisdiction by law.

General terms and conditions (EN)

BIDDING

There are several ways to bid at Oriental Art Auctions:

BID LIVE ONLINE

Many clients prefer bidding live online. It’s easy to register with us online and you can watch the auction as it happens and place bids from the comfort of your computer. You can easily register on our website.

After being approved you receive an email. Now you can subscribe for the auctions on our website and make bids or auto bids.

Clients who wish to bid on line through our website during auction should register 24 hours in advance of a sale.

IN THE ROOM 

Simply register at the sale room, or on auction days at the registration and cash desk. You may need to provide identification. Once you have registered you will be handed a bidding number to use in the saleroom. When the bidding begins on your lot raise your number to bid. When the bidding stops the auctioneer will bring down the gavel and read out your number if you have won the lot.

BY ABSENTEE BID

If you are unable to attend the auction we can bid on your behalf. You can leave an absentee bid completing an absentee bid form and either hand it to a member of staff or email it to [email protected]. Please note that our bid department may contact you for further details.

Either way, the amount you enter on the form should be your maximum limit excluding buyer’s premium and applicable VAT. We will bid up to that limit for you, and remember you may end up paying less than your limit, depending on other bidding on the day.

All absentee bids must be received 24 hours in advance of the auction.

BY TELEPHONE

If you would like to bid by telephone, a member of staff will call you from the saleroom on the auction day, just before your lot(s) come up, and will then relay to you the events in the room, and bid on your behalf live at the auction when instructed to do so.

If you would like to bid by telephone please contact our team prior to the auction with your details of the lots you are interested in and your full name, mailing address, telephone number(s) and email.

Once our team have processed your bid request you will receive an email confirmation.

All telephone bids must be received 24 hours in advance of the auction.

Please note that Oriental Art Auctions cannot be held responsible for being unable to contact you by telephone. We advise you to remain in an area where mobile communication has good reception.

VIEWINGVIEWING IN PERSON

All items may be viewed for inspection in person at the sale room. Viewing dates will be published well in advance on the website. You can always make an appointment for viewing outside the viewing days.

VIEWING ONLINE

Our auctions are available to view online. We make very high resolution images available online so you can check the item well online. For further information on a lot you may be able to view a condition report online (see below) or contact [email protected]

ESTIMATES

All lots carry an estimated price range, which indicates our opinion of value. If there is a reserve on the lot then it cannot be sold below that price. Reserves are never higher than the bottom estimate.

CONDITION REPORTS

We highly recommend that potential bidders gather as much information as possible regarding a lot before placing a bid. Oriental Art Auctions provide as much possible information regarding condition and detailed photographs of each object online. If, however, you are unable to view a lot in person you may request a condition report and/or additional images of a lot by email [email protected]

We kindly request that you submit your wish for additional information as early as possible.

CATALOGUE ALTERATIONS

Lot descriptions and estimates are prepared in advance of the auction and may be subject to change.

Any alterations will be published on the alteration sheet and be mentioned by the auctioneer before bidding of the items in question begin.

UNDERSTANDING BUYER’S PREMIUM AND THE FINAL PRICE YOU WILL PAY

All purchases are subject to a buyer’s premium of 30% excluding VAT per lot. When you successfully bid on any lot, the price you pay will be the hammer price (the value you bid at the auction), plus the buyer’s premium.

The premium is subject to VAT at the standard rate, with the exception of lots marked in the catalogue with a hash (#) where VAT applies to both hammer price and buyer’s premium. 

Credit card payments are subject to a 4% surcharge on the final total.

REGISTRATION

Should you wish to bid at auction, you will need to register with Oriental Art Auctions.

You can register on our website. If you are approved, you receive an e-mail.

Now you can subscribe for all of our auctions separately.

Prior to placing bids please be sure to read our Conditions of Sale for Buyers. By submitting a bid (in any form) you are agreeing to these Conditions of Sale.

We kindly ask that all first time bidders to supply a Government issued photo ID (passport/ driving license) and a copy of creditcard details (including CVC-code) 

in order to be able to bid during auction.

You may present these documents in person at our saleroom or, if registering for a telephone, internet or absentee bid, by email.

We may, at our discretion, ask you to provide a bank reference and/or deposit as a condition of allowing you to bid.

PAYMENT

Congratulations on your successful bidding, the next stage is payment.

There are number of ways to pay to make it as easy as possible for you. We accept cash, credit or debit card or bank transfer.

All items must be paid for before they can be collected.

BANK TRANSFER

Please find details in any email invoice we issue or upon request from our accounts department.

CASH

Cash payments can be made at the accounts desk during or after an auction. Please note that due to money laundering regulations we cannot accept cash payments above € 15,000.

CREDIT OR BANK CARDS

Payment can be made by credit or bank card. Please note we can accept Visa or MasterCard only, and there will be 4% surcharge

COLLECTION AND SHIPPING

If you attend an auction in person and are successful in your bid, you are free to collect and remove your item there and then once payment has been cleared.

If you are not able to collect in person, Oriental Art Auctions provide in-house packing and shipping possibilities as well as providing quotes for external shippers.

Please contact [email protected] and we will provide you with the various possibilities.

EXPORT OF GOODS

As you may be aware several countries prohibit the importation of property containing materials from endangered species, such as rhino horn, ivory, coral and tortoiseshell. If you are interested in bidding on a lot containing these materials and you wish to export please make sure you are familiar with all relevant customs regulations prior to bidding.

It is the buyer’s sole responsibility to obtain any relevant export or import license.

Please be aware that lots marked with the symbol Y may be subject to CITES regulations when exporting outside the EU.

CONDITIONS OF SALE

For further information on buying at Oriental Art Auctions please see our Conditions of Sale.

敬示

诸位尊敬的竞买者，鉴于对拍卖会后不付款者，本拍卖机构希望您在竞买前务必注意以下事项：

拥有中华人民共和国国籍的竟拍者其姓名须与其中华人民共和国居民身份证、中华人民共和国护照上的姓名均一致，否则其不得参与竟拍（以防盗用他人护照）

如已参与竞买，本拍卖机构有权宣布其竟买资格无效。

竟买前务必自己或委托人仔细检查物品的年代和品质。以避免拍卖机构与竞买人之间发生误会。

本拍卖机构已与中华人民共和国多家律师事务所及相关律师已达成共识。

对参与竞拍违约者以及提供假证件、假电话号码、假住址证明必须承担相关的违约责任及各项赔偿费用。包括律师费、诉讼费、仲裁费、公证费、翻译费、差旅费、通讯费等。一定情况下本拍卖机构或委托人将申请限制竞买人入拍卖机构所在地国家的国境，或者出中华人民共和国的国境。

望各位竞拍者一定一定遵守本拍卖机构的规则与约定！！！

感谢各位竞拍者。

Notice to all bidders

As we wish to avoid unpaid bids in our auctions, please note the followingpoints before bidding.

1. Bidders who haveChinese nationality must register using their name as stated on their Chinese resident’s identity card and Chinese passport, as a condition of participating in any auction. This rule is stipulated to prevent identity theft. If a bidder has entered a bid using a false identity, the company reserves the right to cancel any existing or future bid made by that bidder.
2. Please carefully inspect and investigate the age and quality of original lots by yourselfor have them inspected by your agents, in order to avoid any confusion or misunderstanding between the company and bidders. 
3. The company has received legal advice from Chinese law firms, to the effect that anybidders who violaterelevantrules or provide fake identity, phone numbers or proof of address, shall bear all liabilityand relevantcosts, including lawyers’ fees, litigation fees, arbitration fees, notarial fees, translation fees, travel fees and communication fees. In some circumstances,the company or the seller may apply to prevent the bidder from entering the country where the company is based or prevent them from departing from China.

Bidders are required to followthese rules and the company’s terms and conditions.

Thank you for bidding with us.

STOCKAGE

Tous les articles sont stockés chez Piet Jonker BV

Rijksstraatweg 23

1936 JC Baambrugge

Pays-Bas

Les objets pourront être enlevés chez Piet Jonker BV une fois que le prix d'adjudication et toutes les commissions applicables auront été intégralement payés à Oriental Art Auctions.

Les objets pourront être récupérés auprès de Piet Jonker BV une fois que le prix d'adjudication et toutes les commissions applicables auront été intégralement payés à Oriental Art Auctions.

Piet Jonker BV assurera gratuitement un mois d'entreposage jusqu'à la fermeture des bureaux le vendredi 7 juin 2024.

vendredi 7 juin 2024. Les objets qui n'auront pas été enlevés à cette date seront soumis à des frais d'entreposage à hauteur de

7,50 € par palette et par semaine. Ces frais seront à la charge de l'acheteur et lui seront facturés directement par Piet Jonker BV.

directement par Piet Jonker BV.

Après paiement de tous les frais de vente et de stockage, les articles pourront être enlevés sur rendez-vous auprès de Piet Jonker BV.

Jonker BV.

EXPÉDITION

Nous n'offrons pas de service d'expédition, mais nous donnons ci-dessous les coordonnées d'une société qui se fera un plaisir de vous faire un devis pour l'expédition.

de vous donner un devis pour l'expédition. Veuillez noter que les lots ne seront pas libérés tant qu'ils n'auront pas été intégralement payés et que les frais d'expédition n'auront pas été réglés.

et les frais d'expédition sont payables directement à la société concernée. Veuillez également noter que nous avons besoin de votre

l'autorisation préalable avant de remettre les marchandises à un emballeur/expéditeur.

Neumann & Vetin b.v.

+31 (0) 20 6407584

[email protected]

Hedley's Group Londres

+44 (0) 20 8965873

[email protected]

Groupe Hedley Paris

+33 (0) 14 8130102

[email protected]

JOURS D'EXPOSITION :

Mercredi 8 mai 2024 de 11h à 17h

Jeudi 9 mai 2024 de 11h à 17h

Dans les locaux de

Piet Jonker

Rijksstraatweg 23

1396 JC Baambrugge

Pays-Bas