50 Windows of Creativity Auction
Introduction
The 50 Windows of Creativity Auction is managed by Wild in Art (WIA).
The Auctioneer is Hanson Auctioneers.
50% of the hammer price of each lot will go to the artist, designer or maker who has created the piece.
25% of the hammer price of each lot will be donated to The Lord Mayor of Manchester’s Charity Appeal Trust We Love MCR Charity (registered charity number 1066972).
All bids are subject to VAT at 20%.
Data Protection
By creating a Wild in Art auctions account and registering to bid at Auction you acknowledge that Wild in Art will process your personal data in accordance with our Privacy Notice in order to:
* identify your account and communicate with you if you require support
* administer auctions and fulfil our contractual obligations in relation to any works and any auctions
* to carry out due diligence checks to comply with relevant legislation
* communicate with you by email about Wild in Art auctions and events
Wild in Art is committed to protecting your personal information and will not to do anything with your information you wouldn't reasonably expect. We will ensure that we look after your details responsibly. We don’t and never will sell or pass on any of your details to another organisation for them to use for their own purposes. In order to fulfil our contractual obligations, we may, however, use and need to share data with third party organisations to help deliver services on our behalf, for example shipping and delivery companies, partners collaborating on the auction, distributing our email newsletters or feedback questionnaires.
Your data will be stored and shared in accordance the European Union General Data Protection Regulation ((EU) 2016/679) and any other data protection legislation which may amend or supersede the GDPR.
As part of our commitment to privacy and transparency, you can review more information about how we collect and use personal information via our Privacy Notice. You can change your preferences at any time by emailing marketing@wildinart.co.uk.
Buyer’s Guide
1. Introduction
This Buyer’s Guide contains a brief overview of 50 Windows of Creativity Auction process and the terms under which Lots are made available for sale at Auction. Please read the Buyer’s Guide and the Terms and Conditions of Sale carefully. By registering to bid and participate in the Auction, you will be deemed to have agreed to be bound by them.
2. Definitions
2.1. When the following words are used in this Buyer’s Guide, they mean:
Auction - A live online sale by auction managed by Wild in Art
Bidder - Any person, properly registered and approved by WIA to participate in the Auction who makes or considers making a bid to buy a Lot at Auction
Buyer - The person or organisation making the highest bid or offer for a Lot accepted by the auctioneer, including a principal bidding as agent.
Guarantee of Authenticity - Wild in Art guarantees that the items sold at the auction are pieces created by artists, designers and makers participating in 50 Windows of Creativity. Many of the pieces were displayed in windows and spaces as part of the event. Others have been specially selected by the artists and makers for this auction. All pieces are sold to raise money for the artists and makers who have created them and for The Lord Mayor of Manchester’s Charity Appeal Trust We Love MCR Charity (registered charity number 1066972). Where appropriate each artwork will be accompanied by a certificate of authenticity.
Hammer Price - The highest bid for a Lot accepted by the auctioneer at the Auction or, in the case of a post-auction sale price.
Lot - Individual item listed in the Auction Catalogue.
Purchase Price - The Hammer Price plus VAT at the current rate.
3. Before the Auction
3.1. Bidder Registration
3.1.1. Every person or organisation wishing to make a bid is required to register with Wild in Art at wildinartauctions.com
3.1.2. To register as a virtual Bidder, the Bidder Registration Form must be completed in full and the bidder may be asked to provide credit card information.
3.2. Pre-Auction Viewing
3.2.1. If you need more information about a specific lot please contact 50windows@wildinart.co.uk
3.3. Delivery or Collection of Artworks
3.3.1 The Buyer is responsible for organising delivery or collection of their purchase and Lots will be available for collection by appointment from central Manchester on Friday 18 December 11am-4pm, Saturday 19 December 10am-4pm and Sunday 20 December 11am-3pm.
3.3.2 All Lots must be collected within 7 days of the funds for the full purchase price clearing unless other agreed in writing with Wild in Art. Alternatively Wild in Art can provide a quote for delivery/shipping – please email us at 50windows@wildinart.co.uk
3.3.2 If the Bidder is based outside the United Kingdom, the Bidder should ensure in advance of the Auction that the Lot can be exported from the UK and imported into the country of destination. No sale will be cancelled because the Lot may not be imported into the country of destination.
4. At the Auction
4.3. Bidding
4.3.1. All bids are by individual Lot unless stated to the contrary.
4.3.2. Online bids shall be made in accordance with and subject to the terms of the online auction platform.
4.3.3. The Auctioneer may accept or decline bids at his entire discretion.
4.3.4. All bids are subject to VAT at the current rate.
5. After the Auction
5.1. Successful bids
5.1.1. Wild in Art will raise invoices for each successful Bid at the end of the Auction and these will be sent to the successful Bidders by email. The invoice will show the Hammer Price and the VAT to be to be paid, and identify the Lot purchased.
5.2. Payment
5.2.1. Payment is due when the Auction closes on 17 December 2020.
5.2.2. Unless agreed in writing with you by WIA, you must pay all the sums in Pounds Sterling immediately upon winning the Lot and you must ensure that the funds are cleared by the 5th working day after the sale. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000) or bankers draft.
5.2.3. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit may be issued in the event of any such return. If payment is made by credit card, the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.
5.3. Shipping and storage
5.3.1. The Buyer is responsible for organising delivery or collection of their purchase and Lots will be available for collection by appointment from central Manchester on Friday 18 December 11am-4pm, Saturday 19 December 10am-4pm and Sunday 20 December 11am-3pm.
5.3.2 All Lots must be collected within 7 days of the funds for the full purchase price clearing unless other agreed in writing with Wild in Art.
5.3.3 The purchaser will be responsible for paying the daily storage cost of £150 per day from the 8th day after WIA has received the full purchase price in cleared funds.
5.3.4 Alternatively Wild in Art can provide a quote for delivery/shipping – please email us at 50windows@wildinart.co.uk
5.3.5 A Buyer who wishes to collect their artwork must contact Wild in Art by email at 50windows@wildinart.co.uk giving details of
(1) The name of the individual or company collecting the artwork – and agree a form of identification
(2) The proposed date of collection
Wild in Art will then agree a date for the collection and send to the Buyer details of the address and collection time and other pertinent information. All collections are at the new Buyers’ risk.
Terms and Conditions
These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and WIA. By registering to bid and participate in this Auction, you will be deemed to have read and agreed to be bound by these Conditions and the accompanying Buyer’s Guide, as set out on wildinartauctions.com
1. Interpretation
In the event of any conflict between these Conditions and the Buyer’s Guide, these Conditions shall take precedence.
2. Definitions
2.1. See 2.1 of Buyer's Guide.
3. Catalogue descriptions and condition of Lots
3.1. All Lots are sold subject to their condition at the date of the Auction. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot ‘as is’.
3.2. Wild in Art cannot guarantee that colours are properly shown in the Auction catalogue. All Lots are sold ‘as is’. If you need more information about a lot, please email us at 50windows@wildinart.co.uk
4. Before the Auction
4.1. Every Bidder must register with Wild in Art (including providing the relevant card information if required) in accordance with the Buyer’s Guide see Bidder Registration. Personal information shall be used only in accordance with Condition 7 below.
5. During the Auction
5.1. WIA reserves the right to refuse participation in the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over.
5.2. All bids must be made in Pounds Sterling and are exclusive of VAT.
5.3. The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he may decide, and in the case of error or dispute, and whether during or after the sale, determining the successful Bidder, continuing the bidding, cancelling the sale or reoffering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer will be conclusive.
5.4. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Lot at that price (plus the, Buyer’s Expenses (if applicable), and any and all shipping charges, import duties/taxes, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Wild in Art before the start of the Auction that the Bidder is acting as agent on behalf of an identified third party acceptable to Wild in Art (and registered with Wild in Art), and only then will Wild in Art regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that he is authorised to bind the third party and that the Buyer has been made aware of and accepts these Conditions.
5.5. Online bidding at 50 Windows of Creativity Auction is made available via third party service providers and use of their services and all online bidding is subject to their respective terms of use.
5.6. The highest bid accepted by the auctioneer at the close of the auction will be the Buyer and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the Lot passes to the Buyer at the point of sale on the date of sale and the Buyer should arrange insurance cover for the Lot if required.
6. After the Auction
6.1. WIA will raise invoices for each successful Bid and these will be sent to the successful Bidders by email.
6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's Guide) has been agreed by WIA, payment is due immediately upon receipt of invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by WIA.
6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when WIA is completely satisfied that all monies owing have been paid in full.
6.4. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000) or bankers draft. Please quote the invoice number when making payment to ensure it can be processed as efficiently as possible.
6.5. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such return. If payment is made by credit card, Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.
6.6. The Buyer will not acquire title to the Lot until all amounts due to the WIA from the Buyer have been received by WIA in cleared funds even in circumstances where Wild in Art has released the Lot to the Buyer.
6.7. In the event of default by the Buyer, WIA may take one or more of the following actions:
6.7.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
6.7.2. cancel the sale;
6.7.3. resell the Lot publicly or privately on such terms as WIA shall think fit;
6.7.4 take such other action as WIA deem necessary or appropriate. If WIA resells the Lot under condition 7.7.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to WIA and the amount received upon resale as well as all reasonable costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default.
6.8. WIA shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as WIA shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed between WIA and the Buyer. Lots can be collected in person by appointment only.
6.9. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, customs and other fees charged in the Buyer’s local jurisdiction. The Buyer understands and agrees that WIA shall have no obligation or responsibility for any import duties, taxes, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to WIA and in those circumstances the Buyer will be charged and will pay storage costs and WIA or Wild in Art’s additional reasonable costs and expenses.
6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from WIA enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. Buyer understands and agrees that WIA shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.
6.11. If the Buyer wishes to apply for an export licence this does not affect or postpone the Buyer’s obligation to make payment in accordance with WIA’s payment terms nor WIA’s right to charge interest or storage charges on late payment.
7. Use of information
7.1. By creating a Wild in Art auctions account and registering to bid at Auction you acknowledge that Wild in Art will process your personal data in accordance with our Privacy Notice in order to:
* identify your account and communicate with you if you require support
* administer auctions and fulfil our contractual obligations in relation to any works and any auctions
* to carry out due diligence checks to comply with relevant legislation
* communicate with you by email about Wild in Art auctions and events
Wild in Art is committed to protecting your personal information and will not to do anything with your information you wouldn't reasonably expect. We will ensure that we look after your details responsibly. We don’t and never will sell or pass on any of your details to another organisation for them to use for their own purposes. In order to fulfil our contractual obligations, we may, however, use and need to share data with third party organisations to help deliver services on our behalf, for example shipping and delivery companies, partners collaborating on the auction, distributing our email newsletters or feedback questionnaires.
Your data will be stored and shared in accordance the European Union General Data Protection Regulation ((EU) 2016/679) and any other data protection legislation which may amend or supersede the GDPR.
As part of our commitment to privacy and transparency, you can review more information about how we collect and use personal information via our Privacy Notice. You can change your preferences at any time by emailing marketing@wildinart.co.uk.
8. Terms of Guarantee of Authenticity
8.1. WIA guarantee that the items sold at the auction are pieces created by artists, designers and makers participating in 50 Windows of Creativity. Many of the pieces were displayed in windows and spaces as part of the event. Others have been specially selected by the artists and makers for this auction. All pieces are sold to raise money for the artists and makers who have created them and for The Lord Mayor of Manchester’s Charity Appeal Trust We Love MCR Charity (registered charity number 1066972). Where appropriate each artwork will be accompanied by a certificate of authenticity.
8.2. Except as expressly provided in these Conditions WIA shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
9. Intellectual property rights
9.1. The copyright in all images, illustrations and written material produced by or for the artist or maker relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of the artist or maker and shall not be used by the Buyer, nor by anyone else, without the artist or maker’s written consent. The artist or maker make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
10. Events outside our control
WIA will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside its control, that being any act or event beyond WIA’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks. WIA’s obligations shall be suspended and time for performance extended until such time as the event outside its control is over, following which a new collection or shipping date can be agreed.
11. Other important terms
11.1. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
11.2. The contract is between the Buyer and WIA and no other person shall have any rights to enforce any of its terms.
11.3. If WIA fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that WIA has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.
11.4. This agreement and conditions are governed by and construed in accordance with English law and the Parties agree to the exclusive jurisdiction of courts of England.
