Terms & Conditions

PRIVACY POLICY

BEFORE USING OUR SITES, PLEASE READ THIS PRIVACY POLICY CAREFULLY.

This Privacy Policy is applicable to First Arts Premiers Inc. ("Company") and sets out our policy on the gathering and use of information on this site and our other sites (collectively "Sites"). The Company is committed to providing safe websites for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy. The Company complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.

 

There may be links from our Sites to other websites; note that this Privacy Policy applies only to our Sites and not to web sites of other companies or organizations to which our Sites may be linked. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third party websites are provided as a convenience and are for informational purposes only. The Company does not endorse, and is not responsible for, these linked websites.

 

Although you are not required to register to access our Sites, you may be asked to provide us with personal information when you visit certain sections of our Sites. Your use of our Sites signifies your acknowledgement and consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use our Sites. Your continued use of the Sites signifies your acceptance of these terms and any changes in effect at the time of use.

 

COLLECTION OF PERSONAL INFORMATION

Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.

 

We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, forms and the like. On some of our Sites, we offer assessment tools that ask you to provide self-assessment information. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, or to resolve complaints or concerns.

 

HOW DOES COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?

Before forwarding us any personal information, please be advised that any information gathered on our Sites may be used in the aggregate for research and development relating to our Sites and/or for future site development and, if you ask us to, to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Sites to your needs by collecting information about your preferences through tracking of patterns page views on our Sites; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.

 

PROMOTIONAL AND INFORMATIONAL OFFERS

With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by the Company provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use, either by e-mail request or by modifying the registration information provided. The Company uses reasonable efforts to maintain visitors' information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us as described below.

 

DISCLOSURE OF INFORMATION

The Company will not disclose personal information that you provide on its Sites to any third parties other than to a Company agent except: i) in accordance with the terms of this Privacy Policy, or ii) to comply with legal requirements such as a law, regulation, warrant, subpoena or court order, and/or iii) if you are reporting an adverse event/side effect, in which case the Company may be required to disclose such information to bodies such as, but not limited to, Canadian and/or international regulatory authorities. Please note that any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.

 

COOKIES

The Company, in common with many web site operators, may use standard technology called "cookies" on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Sites may not function properly if you do so.

 

PROTECTION OF CHILDREN ONLINE

The Company considers the protection of children's privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.

 

ADDITIONAL TERMS FOR CERTAIN WEBSITES

The following additional information applies to our Sites that require registration. Generally, you are not required to provide personal information as a condition of using our Sites, except as may be necessary to provide you with a product or service that you have requested. 

 

PROTECTION OF INFORMATION

Our Commitment to Security

We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.

 

Storage of Information

Personal information you share with us is stored on our database servers at Company data centers (in whatever country they may be located), or hosted by third parties who have entered into agreements with us that require them to observe our Privacy Policy.

 

POLICY CHANGE

If we alter our Privacy Policy, any changes will be posted on this page of our Site so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it.

 

ACCEPTANCE OF OUR PRIVACY POLICY

By using this Site or any other The Company Site or interactive banner ads, you signify your acceptance of our Privacy Policy, and you adhere to the terms and conditions posted on the Site. By submitting your information, you agree that it will be governed by our Privacy Policy.

 

FIRST ARTS PREMIERS INC.
TERMS AND CONDITIONS OF SALE

 

Please read these conditions of sale and the sale particulars carefully before placing any bid on a lot.  By registering to bid and/or by bidding at auction, you agree to these terms and conditions and they will become contractually binding to you.  Please ensure that you have understood all charges, fees, and taxes that may be applied to your bid price before placing your bid.

 

IMPORTANT NOTES

All lots will be offered and sold subject to these Terms and Condition of Sale as well as any Glossary and posted announcements. By bidding at auction, bidders are bound by those Conditions, as amended by any announcements or posted notices, which together form the Con­tract of Sale between the successful bidder (buyer), First Arts Premiers Inc. and The Consignor (Seller) of the lot. Description or photographs of lots are not warranties and each lot is sold "As Is" in accordance with the Conditions of Sale.  The Terms and Conditions of Sale of First Arts Premiers Inc.  are subject to change. 


REMOVAL OF LOTS

It is the responsibility of the buyer to make all arrangements for packing, insurance, and removing the property purchased. Any assistance by the auctioneer, his agents or contractors in packing or removal shall be rendered as a courtesy and without any liability to them.

 

First Arts Premieres Inc. will not undertake packing or shipping of lots purchased at auction. The purchaser must designate and arrange for the services of an independent shipper and be responsible for all shipping and insurance expenses. First Arts Premieres Inc. will, upon request, provide names of professional packers and shippers but will not be held responsible for the service or have any liability for providing this information. Reliable pre-auction estimates of shipping costs of lots offered in this sale may be obtained from:

PakShip

905-470-6874

inquiry@pakship.ca

IMPORT / EXPORT

Many countries prohibit or restrict importation or exportation of property containing ivory, tortoise shell, whale bone, sealskin, and/or products derived from other endangered or protected species, and require special licenses or permits in order to import or export such property.  Please review your country's laws before bidding on pieces made of or containing these restricted items. It is the responsibility of the purchaser to ensure that the item is properly and lawfully exported and imported.  You must pay immediately even if you want to export the lot and require an export permit or license to do so. Failure to obtain all of the required permits shall not invalidate the transaction.

 

CONNECTIVITY AND TECHNICAL ISSUES

First Arts Premiers Inc. will not be responsible to you for errors or failures 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 on First Arts Premiers Inc. or your end 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.

 

In addition, we will not be responsible for any errors that may occur in the quality of digital images.

 

CONDITIONS OF SALE 

1. Each lot sold at live auction is subject to a Buyer’s Premium of 20% of the successful bid price (“hammer price”) of each lot as part of the purchase price.  Online bidding is subject to a 20% Buyer’s Premium. Online auctions are conducted via the Auction Flex / HiBid platform.  This is a secure site, all data is encrypted and PCI compliant and SSL certificates are maintained. There is no cost to register and bid.

 

2. Unless exempted by law, the buyer is required to pay 13% HST (Harmonized Sales Tax) on the hammer price and buyer's premium, except for purchases directly exported from Canada. In the case where Canadian purchases are shipped out of the province of Ontario, the HST or GST is charged based on the tax status of that province or territory.

 

3.  First Arts Premiers Inc. reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction, without notice and shall have no liability whatsoever with regard to such withdrawal. 

 

4.  First Arts Premiers Inc. reserves the right to refuse to recognize any or all bids from any particular person or persons at any auction.

 

5.  All lots are subject to an unpublished reserve that may be changed at any time by agreement between the auctioneer and the consignor. 

 

6.  The highest bid will be the successful bidder when the lot closes, unless First Arts Premiers Inc. decides to use its discretion as set out above. This means a contract for sale has been formed between the seller and the successful bidder. We do not accept responsibility for notifying you of the result of your bids unless you are successful, and you should check as soon as possible after the sale to get details of the outcome of your bid. 

 

7. Immediately after the purchase of a lot, the buyer shall pay or under­take to the satisfaction of the auctioneer with respect to payment of the whole or any part of the purchase price requested by the auction­eer, failing which the auctioneer in his sole discretion may cancel the sale, with or without re-offering the item for sale. You must pay for a lot in the currency of the sale.

 

8. You will not own the lot and ownership of the lot will not pass to you until: 

(i) we have confirmed that you have met all bidder identification and registration procedures; and

(ii) we have received full, clear and unequivocal payment of all amounts due, even in circumstances where we have released the lot to you. 

 

9 . Transferring risk to you:

(a) The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following: 

(i) when the lot comes into your physical possession or that of any person or carrier you authorise to take possession of the lot; or 

(ii) when you collect the lot if collection is permitted. 

(b) The lot is at your risk if you choose to exercise any right you may have to cancel the contract for the purchase of the lot. You are responsible for insuring the lot against loss or damage until it is returned to us.

 

10. Lots are sold “AS IS”, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by First Arts Premiers Inc. or by the seller. Any reference to condition in the catalogue or in a condition report will not amount to a full description of condition, and images may not show the condition of a lot clearly. Any description issued by the auctioneer of an article to be sold is subject to variation to be posted on line and/or announced via email prior to the time of sale. Colours may look different on the screen to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a lot.   First Arts will endeavour to disclose any flaws, damage or repairs which are immediately apparent but First Arts cannot be held responsible for any inherent flaws or previous repairs which are not visible.  Condition reports are provided free of charge as a courtesy to our buyers and are for guidance only. They offer our opinion but they may not refer to all faults, inherent defects, restoration, alteration, or adaptation because our staff are not professional restorers or conservators. For that reason, they are not an alternative to taking your own professional advice. It is your responsibility to ensure that you have requested, received and considered any condition report. 

 

11.  The purchase price is the total of the following amounts: 

(i) The hammer price and the buyer’s premium;

(ii) Unless exempted by law, the buyer is required to pay 13% HST (Harmonized Sales Tax) on the hammer price and buyer's premium, except for purchases directly exported from Canada. In the case where Canadian purchases are shipped out of the province of Ontario, the HST or GST is charged based on the tax status of that province or territory.

 

 You must pay for a Lot in the currency of the sale.

 

Please contact First Arts Premiers Inc. for any questions relating to payments. 

 

COPYRIGHT / INTELLECTUAL PROPERTY

First Arts Premiers Inc. holds the copyright to all published materials or parts thereof (catalogues, brochures, website, and advertisements) produced by or for us, relating to any auction, exhibition, or online publication. This intellectual property belongs to First Arts and cannot be used without our prior written permission.

 

Copyrights for individual works of art published by First Arts belong to the respective artists or their estates; similarly, images of these art works belong to our photographers. While we will make reasonable efforts to assist you in obtaining these rights, we do not offer any guarantee that you will gain any copyright or other reproduction rights to the art works or images. All works or images for which we do grant you permission to use must include all appropriate credit lines. Furthermore, we reserve the right to specify the format, quality and resolution of any photographic reproductions for which we grant approval.

 

Copyright also applies to any excerpts or translations of First Arts texts that we may approve. Furthermore, if we have approved in principle an excerpt or translation, the original version in English will be used in deciding any issues or disputes which may arise with regard to the accuracy of any translation.


Waiver
No failure or delay to exercise any right or remedy provided under these Terms and 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.



Glossary 

As Is

First Arts Premiers Inc. offers all property “as is,” meaning that the property is sold with any possible existing faults or imperfections. Condition reports will be provided as a courtesy and First Arts will endeavour to disclose any flaws, damage or repairs which are immediately apparent,  but First Arts cannot be held responsible for any inherent flaws or previous repairs which are not visible.

The Auctioneer

The auctioneer is First Arts Premiers Inc., or an affiliated entity;

Registered Bidder

A Registered Bidder is a bidder who has fully completed the registration process, provided the required information to the Auction House and has been assigned a unique paddle number for the purpose of bidding on Lots in a live or online auction;

Bid

The amount a prospective buyer or their agent signals the auctioneer that the buyer would pay to purchase the lot during bidding;

Lot

An item / items to be offered for sale at an auction;

Hammer Price

The Hammer Price is the price at which the Auctioneer has sold the Lot to the Buyer, net of any prevailing Buyer’s Premium and any applicable taxes.

Buyer’s Premium

The Buyer’s Premium is the amount paid by the Buyer to First Arts Premiers Inc. on the purchase of a Lot, that is calculated on the Hammer Price at a rate of 20% for Live Auctions and 20% for Online-Only Auctions;


Consignor (Seller)

The Consignor is the person or entity named in the Consignment Agreement as the source from which the Property or Lot has been received for auction;

Live and Online Auctions

These Terms and Conditions of Business apply to all Live and Online auction sales conducted by the Auction House. For the purposes of online auctions, all references to the Auctioneer shall mean the Auction House.


Reserve

The confidential minimum price for the sale of the Lot, agreed to between the Consignor and the Auction House;

Sales Tax

The Federal and Provincial sales and excise taxes applicable in the jurisdiction of sale of the Lot.  Unless exempted by law, the buyer is required to pay the prevailing HST (Harmonized Sales Tax) rate for the province of Ontario on the hammer price and buyer's premium.  Lots professionally shipped out of the province of Ontario are subject to GST or the prevailing HST rates per province or territory. Purchases being exported from Canada are exempt from Canadian taxes but the Buyer is responsible for any import taxes or duties which may be incurred upon import;

 

Online-Only Auctions

An online only auction is an auction that is held online only and there is no live in person bidding available. Bidding can be done on most current computers with an internet connection. The Online Only Auction will feature a Start Date/Time & will be open up until the start time of the Auction;

 

Contract of Sale

Contract of Sale Includes an agreement to sell as well as sale.