Terms & Conditions for Online Shop
1. General provisions
1.1 All offers, purchase agreements, deliveries and services based on orders by our customers for items advertised through the Online Shop website or any other website operated by CEFA (hereinafter “Online Shop”) shall be governed by these General Terms and Conditions.
1.2 In the Online Shop, CEFA sells items as an agent, i.e. CEFA assumes the role of the seller by selling items in its own name on behalf of the owner.
1.3 As a general rule, items advertised on the Online Shop are purchased from CEFA by making contact with its representatives either via email or via telephone and making a valid offer.
1.4 The items presented in the Online Shop are available for customers to make an offer for purchase but are subject to the proviso that an owner may withdraw his/her items.
1.5An owner has the right to withdraw his/her items until the formation of the purchase agreement, which is created when the buyer’s offer is accepted by a CEFA representative, either by email or by telephone.
1.6 The items offered are intended merely for consumers and business persons who have attained the age of 18.
1.7 CEFA reserves the right to exclude customers from shopping in the Online Shop if
CEFA has doubts about the customer’s identity or his/her creditworthiness.
1.8 CEFA reserves the right to limit the number of goods which a customer may acquire. CEFA reserves the right to demand that acquired goods must be paid for before the customer continues to bid or purchase any additional goods from the Online Shop.
1.9 Employees of CEFA are allowed to buy items in the Online Shop.
2. Formation of the purchase agreement
2.1 As a general rule, items advertised on the Online Shop are purchased by placing an offer to purchase an item either by email or by telephone. Placing an order by email or by telephone constitutes a binding offer from the Buyer to enter into a purchase agreement with CEFA. The purchase agreement shall be formed when CEFA sends the customer an order confirmation by email. CEFA aims to send the confirmation emails within 1 business day of placing the offer to purchase with a CEFA representative, either by email or by telephone. If this does not happen, the customer’s offer shall be deemed to have been rejected.
2.2 If CEFA permits the Buyer to submit a counter offer for an item, which may be lower than the sales price stated in the Online Shop, CEFA will pass this on to the Seller so that he or she can authorize the sale; no sale can take place without his/her consent. The Buyer shall be bound to his/her offer for five working days. If several proposed prices are received, only the highest proposed price will be passed on to the Seller. If CEFA receives the Seller’s consent within the 5-day period, CEFA will send the Buyer an order confirmation by email and a purchase agreement shall be formed as a result. At the same time, the purchased item will be labelled as sold in the Online Shop. If the Seller does not declare his/her consent within the 5-day period, no purchase agreement shall be formed. If, in this 5-day period, a third party purchases the item for the sale price stated in the Online Shop before we have received the Seller’s consent, by emailing or telephoning a CEFA representative and placing his/her offer, the counter offer shall be deemed invalid. In this case, the purchase agreement shall be formed with the Buyer who is willing to pay the full price.
2.3 The Buyer shall receive an invoice and the text of the agreement in PDF format together with the order confirmation by email.
3.1 The purchase price of each item listed in the Online Shop includes the price of the item and any VAT chargeable on commission. The item itself does not attract any VAT.
3.2 CEFA does not arrange for packaging and/or delivery. If the Buyer wishes for a third party to package, collect and deliver the item(s) purchased to his/her address then this will need to be organized separately by the Buyer and he/she will bear all expenses. No liability will lie with CEFA if the item is damaged after it has left CEFA’s premises.
3.3 The purchase price of each item listed in the Online Shop is also inclusive of the Buyer’s Premium and the Contribution to the Resale Royalty Right (if applicable).
4.1 CEFA warrants for a period of 5 years from the date of the sale that any item described in headings printed in UPPER CASE TYPE (i.e. having all capital-letter type) in the Online Shop, which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. The term author or authorship refers to the creator of an item or to the period, culture, source or origin, as the case may be, with which the creation of such item is identified in the UPPER CASE description of the item in the Online Shop. For the avoidance of doubt only UPPER CASE headings of items in the Online Shop indicate what is being warranted by CEFA. Any such errors or omissions in the Online Shop which have been caused by matters outside the reasonable control of CEFA do not create any warranty as a result. The warranty does not apply to any heading which stated to represent a qualified opinion.
4.2 The warranty is subject to the following:
4.2.1 It does not apply where:
(i) the Online Shop description corresponded to the generally accepted opinion of scholars or experts at the date of the sale or fairly indicated that there was a conflict of opinions; or
(ii) correct identification of an item can be demonstrated only by means of either, a scientific process not generally accepted for use until after publication of description on the website, was unreasonably expensive or impractical or likely to have caused damage to the property.
4.2.2 The benefits of the warranty are not assignable and shall apply only to the original Buyer of the item as shown on the invoice originally issued by CEFA when the item was purchased from the Online Shop.
4.2.3 The original Buyer of the item must have remained the owner of it without disposing of any interest in it to any third party.
4.2.4 The Buyer’s sole and exclusive remedy against CEFA and the Seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the item. Neither CEFA nor the Seller will be liable for any special, incidental or consequential damages including without limitations, loss of profits nor for interest.
4.2.5 The Buyer must give written notice of claim to us within 5 years from the date of the sale. CEFA shall have the right to require the Buyer to obtain the written opinion of two recognised experts in the relevant field, mutually acceptable to CEFA and the Buyer, before CEFA decides whether or not to cancel the sale under warranty.
4.2.6 The Buyer must return the item to CEFA’s premises unless a different location has been agreed with a CEFA representative.
5. Condition and description of goods
5.1 Items are sold as described and, otherwise, in the condition they are in at the time of the sale.
5.2 CEFA bears no liability on the condition of the items once purchased. It is for the Buyers to satisfy themselves of the item’s condition before purchase.
5.3 The nature of the items sold in our Online Shop is such that they will rarely be in perfect condition and are likely, due to their nature and age, to show signs of wear and tear, damage, other imperfections, restoration or repair.
5.4 Any reference to a condition in a website entry will not amount to a full description as to condition. Condition reports are usually available on request and will supplement the website description. In describing items our staff will assess the condition in a manner appropriate to the estimated value of the item and the nature of the auction in which it is included. Any statement as to the physical nature or condition of a lot, in a website, condition reports or otherwise is given honestly and with appropriate care.
5.5 CEFA staff are not professional restorers or trained conservators and, accordingly, any such statement will not be exhaustive.
5.6 CEFA does not accept liability for any material difference between the description of an item in the Online Shop and the actual condition of the item following purchase and, therefore, recommend that you always view items personally, and particularly in case of any items of significant value, that you instruct your own restorer or other professional adviser to report to you in advance of bidding.
5.7 In the event that the Buyer, upon purchase, discovers that the item is not in the condition or description as it appears on the website, the item shall be returned. In such event, the Seller must refund CEFA and the Buyer all monies paid for the item within 7 days of the item being returned. The Seller undertakes to pay all reasonable costs incurred by CEFA and/or the Buyer for the return of the item.
6. Image rights
6.1 CEFA has the right to use and distribute images of any items which is consigned to it for sale or otherwise in its possession. This includes, but is not limited to, marketing purposes on any media platform.
6.2 At all times these images shall remain the property of CEFA. No other party shall use these images without the prior written consent of CEFA.
7. Artist re-sale Right
If the Artist Resale Right Regulations 2006, or any subsequent lawful amendment thereto, apply to the item, the Buyer also agrees to pay to us an amount equal to the resale royalty provided for in the Regulations, or any subsequent amendment thereto. Items affected by this will be marked with the symbol * immediately preceding the item number.
The Buyer will not acquire title to the item until all amounts due to us from the Buyer have been received by us in good cleared funds even in circumstances where we have released the item to the Buyer.
9. Collection of goods
9.1 CEFA is entitled to retain items sold until all amounts due to CEFA or any of its affiliates, subsidiaries or related bodies or companies have been received in full in cleared funds or until the Buyer has performed any other outstanding obligation as CEFA, in its sole discretion, shall require.
9.2 Those obligations may include but are not limited to, completing any anti-money laundering or anti-terrorism checks which are currently required by the law where the contract of sale is formed but shall, in any event, include such checks as are required by the prevailing law of England and Wales. In the event that the Buyer fails to complete any such anti-money laundering or anti-terrorism checks, CEFA reserve the right to regard the purchase agreement as cancelled on the expiration of 7 days from the request for such checks being made, subject to a separate agreement between us and the Buyer being reached in respect of the period required for the completion of such checks.
9.3 Subject to this, the Buyer must collect purchased lots within two calendar days from the date of the sale unless agreed otherwise between CEFA and the Buyer.
9.4 CEFA does not arrange for the packaging and delivery of goods. All items must be collected from CEFA’s premises unless special arrangements are made upon the Buyer’s specific request. In any event, CEFA bears no liability for the condition of the item once it has left its premises.
10. Terms of payment
10.1 The full price for each item purchased must be paid in full before the item can be collected from CEFA’s premises.
10.2 The Buyer must pay the full price immediately upon receipt of the PDF invoice and, in any event, before the item is collected. A purchased item cannot be released from CEFA’s premises if the full price has not been paid at the time of release.
10.3 CEFA accepts payment by bank transfer, cheque, debit or credit card payment by telephone or in person. A charge of 3.5% will be added for payments by credit card.
10.4 CEFA reserves the right not to offer all methods of payment mentioned in 10.3 above.
10.5 If the Buyer fails to pay the full purchase price upon collection or, in any event, within 7 business days upon receipt of the PDF invoice, CEFA reserves the right to terminate the purchase agreement and offer the item for re-sale. In such event, the Buyer will be liable for any additional costs CEFA incurs in the process of re-selling the item.
10.6 In such event as referred to in 10.5, CEFA reserves the right to reject at any future auction/ online bids made by or on behalf of such Buyer or to obtain a deposit from the Buyer before accepting any bids.
11. Failure to collect purchases
Where items are not collected within two calendar days form the date of purchase, whether or not payment has been made, CEFA shall be permitted to remove the items to a third party warehouse at the Buyer’s expense, and only release the items after payment in full has been made in respect of removal, handling and storage costs howsoever reasonably incurred by CEFA as well as payment of any other outstanding sums owed to CEFA by the Buyer.
12. Exemptions from liability
12.1 CEFA offers no guarantees that the Online Shop will be permanently available.
12.2 CEFA occasionally has to limit the operation of its website in order to perform maintenance work on the system or where this is required in order to perform technical security measures. During these times it is may be that the website of CEFA is not accessible.
12.3 CEFA accepts no liability should its website be limited in its functionality or destroyed through force majeure, strike, system malfunction or other external factors. CEFA shall not be liable for loss or damage incurred through the lack of usability or inaccessibility of the website of CEFA.
12.4 CEFA accepts no liability for the unauthorized access of third parties to either Seller or Buyer accounts, unless CEFA willfully or through gross negligence failed to protect the data against access.
13. Amendments to the terms and conditions and final provisions
13.1 CEFA reserves the right to amend these terms and conditions with immediate effect at any time and without the need to expressly state its reasons for doing so. Any such amendments will be announced directly on CEFA’s Online Shop website.
13.2 The amendments shall be deemed to have been accepted if the customer does not object to them within two weeks of receiving notice, or if he or she makes use of CEFA’s services again after the agreement has been amended. CEFA shall present these terms and conditions to every customer before every auction, so that amendments can be acknowledged before the conclusion of an agreement. If a customer objects to the amendment, CEFA shall be entitled to terminate the agreement with the customer.
13.3 If any part of these conditions of sale is found by any court of competent jurisdiction 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.
13.4 The courts with jurisdiction to determine any disputes that may arise as a result of these terms and conditions with CEFA and its customers shall be the courts of England and Wales.