COMMON TERMS
1. SELLING CONDITIONS
1.1 General Overview
Estuary Auctions (“Estuary”) has a team of professional evaluators that will help appraise your item/s and welcome your consignment/s for sale at our auction. Estuary reserves the right to accept or reject item/s to be consigned. Upon signature of the Sellers agreement, the Seller will be deemed to have entered into a binding agreement with Estuary to promote, market, advertise and offer for sale at auction item/items belonging to the Seller at Estuary’s effort and expense. The Sellers agreement shall remain in full force and effect as from the date of execution of the agreement until the earlier of (a) the Seller withdrawing a lot entered for sale, as set out below; or (b) the Seller’s auction item/items being sold; or (c) the 6-month anniversary of the agreement, when it shall terminate automatically without notice. In the event the auction item/items of the Seller remain(s) unsold by the end of the term of the Seller agreement, the Seller’s auction item/items shall be stored at the Seller’s cost for no more than 30 days, following which the item/items shall be returned to the Seller at the Seller’s sole cost and responsibility, or re-consigned for another auction. If the Seller fails to collect or re-consign the item within the agreed period, the Auction House will charge applicable storage fees. After 90 days, the Auction House reserves the right to dispose of the item(s) at its discretion.
1.2 The seller Agreement
The seller agreement (and all documents and exhibits incorporated by reference herein), constitutes and sets forth the entire agreement and understanding of the parties about the subject matter hereof, and supersedes all prior or contemporaneous written or oral agreements, understandings, undertakings, negotiations, promises, discussions, warranties or covenants that are not specifically contained herein. In the event of an inconsistency between the terms of the agreement and any other document which forms a part of the agreement, the terms of the agreement will govern.
1.3 The headings, sections, or titles of the various paragraphs of the agreement are inserted merely for convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of the agreement or the specific terms or text of the section so designated. All personal pronouns used in the agreement shall include the other genders, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural and vice versa, whenever, and as often as may be, appropriate.
1.4 The agreement shall be governed in all respects, whether as to the validity, construction, interpretation, capacity, performance, or otherwise, by the laws of the United Arab Emirates as enforced in the Emirate of Abu Dhabi. It is expressly understood and agreed that the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) shall not govern or apply to the seller’s agreement, and the parties hereby exclude the application of the CISG. Any dispute arising from or relating to the agreement shall be referred to the exclusive jurisdiction of the courts of Abu Dhabi, expressly excluding the Abu Dhabi Global Market Courts.
1.5 Withdrawal of Items
If the Seller wishes to withdraw a lot entered for sale through Estuary, then a written notice must be delivered to Estuary no later than 30 days prior to the scheduled auction date whereby a 10% withdrawal fee of the agreed reserve price will be charged and the lot will only be returned once the fee is paid in full to Estuary.
1.6 Late Entry Lots
Late entry lots consigned within thirty (30) calendar days prior to the applicable auction date will not be withdrawn by the Seller prior to the scheduled auction date and will be offered for sale at auction on the agreed auction date.
1.7 Compliance with UAE Law
Estuary reserves the right to reject any auction item/items from the Seller where the promotion, marketing, advertising, offering for sale, dealing in or sale thereof would be in contravention of the laws of the United Arab Emirates and/or breach any sanctions administered by the government of the United Arab Emirates or the United Nations.
2. CATALOGING, EXPERT OPINIONS, AND PREPARATION OF ITEMS
2.1 Cataloging and Preparation
Upon consignment, Estuary Auctions will undertake the responsibility of cataloging and preparing the Seller’s items for auction. This preparation includes a comprehensive inspection, research, and documentation of the item’s condition, provenance, and other relevant details. The Seller consents to the auction house preparing these catalog descriptions based on the evaluation conducted by Estuary’s in-house experts and the documentation provided by the Seller. The accuracy and completeness of the catalog entry may depend on the information provided by the Seller, and Estuary Auctions reserves the right to adjust descriptions if new information is discovered during the research or evaluation process.
2.2 Expert Opinions
Estuary Auctions employs a team of qualified and experienced specialists who are responsible for appraising and cataloging the items. These specialists will inspect the item, providing an initial opinion regarding its condition, age, artist or maker (where applicable), and historical significance. This opinion forms the basis of the item description in the catalog. While Estuary’s specialists make every effort to provide accurate information, the catalog descriptions are based on their professional judgment, the documentation provided by the Seller, and available research. These descriptions do not constitute a warranty. All descriptions, including those regarding the artist, period, provenance, or authenticity, are based on the information available at the time of preparation and may be subject to change. These opinions are not to be relied upon as fact but rather as professional insights into the item being auctioned.
2.3 Seller Documentation
The Seller is required to provide any available documentation regarding the item, including certificates of authenticity, provenance records, receipts, or any other relevant information. The Seller warrants that all such documentation is accurate and complete to the best of their knowledge. Estuary Auctions will use the provided documentation to supplement its own research and expert opinions. Should any discrepancies or issues arise from the provided documentation, Estuary Auctions reserves the right to amend the catalog description accordingly or reject the consignment.
2.4 External Expert Reports
If deemed necessary, Estuary Auctions may consult with external specialists or laboratories to further verify or authenticate items. These external reports may involve additional costs, which will be communicated to the Seller in advance and will only proceed with the Seller’s consent. The Seller will bear the cost of such external evaluations, and these costs may vary depending on the scope and nature of the assessment.
2.5 No Warranties
It is important to note that Estuary Auctions does not carry out exhaustive research on every item and does not guarantee or warrant the complete accuracy of any catalog entry. Any information provided, whether written or oral, including any opinions or conclusions made by Estuary’s specialists, external experts, or based on the Seller’s documentation, should be treated as guidance and not as definitive fact. Estuary Auctions will not be held liable for any errors, omissions, or changes in the catalog descriptions.
2.6 Authentication and Responsibility of Buyers
Any further authentication or verification of the item after the auction is the responsibility of the Buyer. Buyers are encouraged to seek additional reports or analyses if required before participating in the auction. Estuary Auctions provides condition reports and other preliminary assessments upon request, but it is the Buyer’s obligation to perform their due diligence.
3. INSURANCE
3.1 The Seller is expected to fully insure their property and/or item(s), including when the property and/or item(s) are being held by Estuary. Estuary reasonably insures consigned items through a third-party insurer covering against loss or damage by Estuary’s handling, delivery, and shipping of the relevant item(s). In the event insurance coverage takes effect, the Seller will be reimbursed for the contractually agreed reasonable reserve price.
3.2 The Seller may opt to purchase additional insurance coverage for their consigned item(s) to cover any damage or loss during storage and transportation. This optional insurance can be purchased at a rate of 1% to 2% of the declared value of the item(s). This must be agreed upon and requested in writing by the Seller prior to the consignment.
3.3 Only after full payment is received and confirmed, the successful buyer of the item(s) (the “Buyer”) may receive the purchased item(s). Upon delivery of such item(s), Estuary’s insurance and all liabilities are terminated. In the case of shipped-out item(s), the Buyer is responsible for all costs of shipping and insurance.Buyer is responsible for verifying all customs regulations, duties, and any other fees related to the import/export of their purchase.
4. SELLER AND BUYER FEES
4.1 Estuary charges a 15% fee of the value of the hammer price and additional applicable value-added tax (“VAT”) on that fee, effective December 12, 2023 onwards, to be paid by the Seller on each lot sold.
4.2 Once the buyer has completed payment for the item(s), the seller will be paid the hammer price, less the seller’s fee, within 30 days after the auction. The payment will only be processed after the buyer’s payment has cleared.
4.3 The Buyer’s premium is 25% of the hammer price for every lot purchased from Estuary. In addition to the hammer price and Buyer’s premium, the Buyer is responsible for all applicable UAE (VAT) (which is to be added on the 25% buyer premium), packaging, handling, and storage fees as outlined in the relevant sections.
5. PHOTOGRAPHY AND CATALOGUING FEES
5.1 Estuary Auctions charges a fee for professional photography of each consigned item to ensure accurate representation in the auction catalog and online listings. This fee will be communicated to the Seller at the time of consignment. Photography fees vary based on the nature and size of the item(s) and must be agreed upon in writing by the Seller before the cataloging process begins.
5.2 Cataloguing Fee
A cataloguing fee may apply for the research, description, and inclusion of the item(s) in the auction catalog. This fee, to be paid by the Seller, covers the time and expertise involved in preparing the item(s) for auction, including condition reports, provenance research, and detailed item descriptions. The fee will vary based on the complexity of the item(s) and the resources required for accurate cataloging and must be agreed upon in writing by the Seller prior to the auction.
5.3 If additional research or consultation from external experts or laboratories is required for further authentication or verification of the item(s), additional fees may apply. These fees will be communicated in advance and will only be incurred with the Seller’s prior written consent.
5.4 Estuary Auctions reserves the right to use photographs and descriptions of the consigned item(s) for marketing and promotional purposes, both online and in printed materials. The Seller agrees to allow Estuary Auctions the non-exclusive right to reproduce and use such images and descriptions without further compensation or consent.
5.5 All fees, including photography, cataloging, and expert consultation (if applicable), will be clearly outlined and agreed upon with the Seller in writing before the consignment is finalized. These fees are non-refundable and are payable regardless of whether the item is sold, unsold or withdrawn.
6. BUYING AT ESTUARY AUCTIONS
6.1 Registration
The first step for potential Buyers is to register their details with Estuary (a complete registration of the potential Buyer will be required including identification and credit card details), you will then be issued a paddle with a number to bid on (after which Estuary will issue a permanent client number to you). If you successfully win a bid, you will automatically enter a legally binding contract whereby you, as the Buyer, are expected to pay the hammer price plus the added Buyer’s premium for each lot to Estuary (as set out below). You must inspect each lot prior to sale and during viewing, each lot sold is “AS IS” and Estuary will not be held responsible for any defects or damages in any lot once sold. There will be no discount, refund, or exchange of lot/s once sold.
7. AUCTIONEER’S ROLE AND RIGHTS
7.1 Control of the Bidding Process
The auctioneer has sole discretion to regulate bidding increments, resolve any bidding disputes, and decide whether a bid has been successfully placed or not. The auctioneer’s decision is final and binding.
7.2 Withdraw or Re-offer Lots
The auctioneer reserves the right to withdraw any lot from the auction at any point before or during the sale. In exceptional circumstances, the auctioneer may also re-offer a lot for sale if deemed necessary for reasons such as dispute resolution or error in bidding.
7.3 Refusal of a Bid
The auctioneer, acting on behalf of Estuary Auctions, reserves the right to refuse any bid without providing an explanation. This may occur in cases where the auctioneer has reason to believe the bid is not genuine or in the best interest of the auction.
7.4 Final Authority on Sale of Lots
Once the hammer falls, the auctioneer declares the sale final, creating a binding contract between the Seller and the Buyer. The auctioneer’s declaration of the successful bid is the final confirmation of the sale.
7.5 Resolution of Disputes
In the event of a dispute during the auction, the auctioneer may determine the validity of a bid, re-open bidding for the disputed lot, or withdraw the lot altogether.
8. AUCTION ESTIMATES
8.1 General Information
The estimates provided by Estuary Auctions are solely the opinion of the Auction House and its appointed experts. These estimates are intended as a guide for both the Seller and potential buyers and do not represent any guarantee of the final sale price. The actual sale price may differ from the estimate, and Estuary Auctions is not liable for any discrepancies between the estimate and the final hammer price. All appraisals and estimates are based on the information provided by the Seller, the condition of the item(s) at the time of assessment, current market conditions, and the expertise of the Auction House and its experts.Factors taken into consideration upon providing an estimate include and are not limited to: the nature of the lot, the merchantability of the lot, and the date of the auction sale at a particular marketplace.
9. RESERVE PRICE
9.1 The Seller may propose a reserve price for each item, subject to mutual agreement between the Seller and the Auction House. The reserve price represents the minimum amount at which the item will be sold. The Auction House will not sell the item for less than the agreed reserve price without the Seller’s consent.
9.2 The reserve price is determined based on factors such as the item’s market value, condition, provenance, and expert assessments. The Auction House may recommend adjustments to ensure competitiveness in the current market, but the final reserve must be agreed upon by both parties.
9.3 If the reserve price is not met during the auction, the item will remain unsold. The Seller may choose to re-consign the item for a future auction, opt for a private sale, or collect the item in accordance with Section 13.
9.4 The Auction House reserves the right to decline consignments where a suitable reserve price cannot be agreed upon
10. CONDITION REPORTS
10.1 Condition reports are a complimentary service provided by Estuary. They are a brief and general overall description of the physical state of a lot including its colour, dimension and immediate visible characteristics, and they are obtained by visual inspection only and are released at the Buyer’s request. Please note that minor flaws and wear and tear may not necessarily be disclosed due to their irrelevance taking into consideration the age of the lot, it is therefore recommended for Buyers to personally inspect items at the viewing stage prior to sale. Our description of any lot, any condition report and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions, or provenance are Estuary’s opinion and not to be relied upon as a statement of fact. Estuary gives no warranty in relation to any statement made, or information given, by Estuary or its representatives or employees, about any lot or the merchantability of any lot. As far as allowed by law, all warranties and other terms which may be added to this agreement by operation of law are excluded and we do not have any liability to Buyer(s) in relation to those warranties. Estuary does not carry out in-depth research of the sort carried out by professional appraisers, historians, or scholars. All dimensions and weights are approximate only. Any authentication or verification of a lot shall be the sole responsibility of the Buyer. Should a buyer or seller require more detailed reports or services from external specialists or laboratories, additional fees may apply. Any charges related to such specialized reports will be communicated in advance and will only be incurred with the client’s prior approval.
11. BIDDING
11.1 In-Person
After completion of registration (as set out above), you will be issued a permanent client number and given a paddle with a number which must be raised to the auctioneer on the lot you wish to purchase. If you win and are successful only by being the highest bidder or the only bidder at the reserve price, then at the drop of the hammer you enter a legally binding contract becoming the Buyer and must pay the hammer price and the Buyer’s premium on each lot bought. After you have ended bidding for the day, you may proceed to the cashier to pay.
11.2 Absentee
First-time bidders must first register then are issued a client number by Estuary after which they can fill out an absentee bid form. This is a private and confidential service. Estuary does not guarantee your acquisition of the lot/s since there may be a bidder that will outbid you or a duplicate absentee bid is received by Estuary before you. Absentee bids must be received by Estuary no later than 24 hours prior to the applicable auction date. Estuary shall not be deemed responsible for any internet, computer, technical, or human error regarding the absentee bid service.
11.3 Online
Please refer to the Estuary website for the terms and conditions applicable to online bidding. Where online bidding is taking place, the terms and conditions set out on the Estuary website shall take precedence and supersede these terms and conditions.
12. PAYMENT
12.1 It is of critical importance that the Buyer ensures that they have readily available funds to pay the full purchase price and the Buyer’s premium in full before making a bid for the lot/s. The Buyer must pay the entire amount due (including the hammer price, Buyer’s premium, and tax) no later than 5 p.m. on the seventh (7th) calendar day following the sale. After which an additional seven percent (7%) will be added to the total amount due. Payments must be made via credit card, wire transfer, bank manager’s check (UAE bank), or other arrangements made with Estuary. Online bidders must pay by wire transfer.
12.2 Please note: Payments made by anyone other than the registered Buyer will not be accepted.
13. COLLECTION AND STORAGE
For Buyers
13.1 Once Estuary Auctions has received all cleared funds, the Buyer must collect purchased lots within thirty (30) calendar days from the date of the auction.
13.2 After the thirty-day period, a storage charge will apply as follows:
13.3 Additionally, an admission fee of AED 100 will be charged once storage fees commence, to cover handling and processing.
13.4 Collection of sold item(s) is by appointment only, and it is the sole responsibility of the Buyer to arrange the collection or shipping. Estuary Auctions may provide recommendations for shipping, but all shipping arrangements and costs are the Buyer’s responsibility.
13.5 If the Buyer fails to collect the item(s) within the 30 days and does not make alternate arrangements, Estuary Auctions reserves the right to take further action, including reselling or disposing of the item(s), as outlined in the terms and conditions.
For Sellers
13.6 Estuary Auctions will provide complimentary storage for consigned items until thirty (30) days after the auction. If the item remains unsold or the Seller fails to collect unsold item(s) within this time frame, storage charges will apply as follows:
13.7 Additionally, an admission fee of AED 100 per item will be charged when storage fees commence.
13.8 It is the Seller’s responsibility to collect or arrange for the return of unsold items. If the Seller does not collect the item(s) or make arrangements for return within ninety (90) days of the auction, Estuary Auctions reserves the right to dispose of or resell the item(s) at its discretion.
14. PRIVATE SALES
14.1 Estuary Auctions may offer private sales as an alternative to auctions, acting as an intermediary between the Seller and potential Buyers. Private sales operate outside the auction process, allowing for customized terms and a flexible pricing structure. In many cases, the final sale price is presented to the Buyer as a single, lump sum amount, which includes all associated costs, such as commissions and fees.
14.2 For private sales, commission rates and fees are negotiated on a case-by-case basis. The Seller’s fee is 15% of the final sale price. These terms, including any lump sum arrangements, will be confirmed in writing between the Seller and the Auction House.
14.3 Prices in private sales are negotiable, and the final sale price may vary from previously set reserve prices or auction estimates. Estuary Auctions ensures discretion and confidentiality regarding the identities of both the Buyer and Seller and the terms of the sale, unless disclosure is legally required. In keeping with this discretion, Estuary may present Buyers with a single, inclusive price rather than itemized fees, simplifying the transaction.
14.4 Private sales may require additional time to complete due to the negotiation process, and the Seller acknowledges that the timeline for finalizing a sale is flexible. While the Auction House will make reasonable efforts to secure a Buyer, there is no guarantee that a private sale will occur.
14.5 Additional Fees: Any additional costs, such as photography, marketing, expert consultation, or cataloging, will be outlined and agreed upon in advance. These fees may vary based on the requirements of the private sale and will be deducted from the final sale price along with the commission.
15. TARIFFS
15.1 Estuary will not be responsible for local, import, or export duties and tariffs on purchased or consigned item/s. At all times, the Buyer is solely responsible for getting advice about and complying with the requirements of any laws or regulations that apply to exporting or importing any lot. Buyer is responsible for verifying all customs regulations, duties, and any other fees related to the import/export of their purchase.
16. EXCLUSION OF LIABILITY
16.1 Estuary reserves the right to accept or reject potential consignment/s without necessarily providing an explanation. The Seller enters into a binding contract, whereby Estuary reasonably authenticates and registers the Seller’s identification along with confirming detailed and documented full cover insurance of their item/s. Estuary will act in a professional capacity, good faith, and perform reasonable precautionary measures on the matter of appraisals, estimates, advice, and representation, however, all lots sold are ‘AS IS’ and certain item/s such as antiques and fine art rarely have their original receipts or invoices. Therefore, Estuary holds no warranties and will not be held liable with regards (but not limited to) misinterpreted, misrepresented, represented, and/or stolen items that are consigned, sold, or purchased through Estuary. In the event of any discrepancy as of which is mentioned or in relation to the above, Estuary will provide fair and reasonable cooperation, assistance, and support to the strictly jurisprudential and legally or potentially harmed party after the claim, report, or complaint is officially delivered to Estuary within a reasonable time. Any proven discrepancy in a lot resulting in a claim by the Buyer against Estuary or the Seller will be limited to the actual purchase price of the lot and as governed by the local laws and regulations.
17. EXTERNAL BIDDING PLATFORM AND ACCESS TO THE SERVICE
17.1 Auction Mobility Platform Usage
Estuary Auctions uses a third-party bidding platform, Auction Mobility, to facilitate online bidding. By participating in online bidding through Estuary Auctions, Buyers agree to the terms and conditions of Auction Mobility, which may include provisions on data handling, privacy, and the management of technical issues. Bidders acknowledge that Estuary Auctions does not control or assume responsibility for any technical malfunctions, errors, or issues arising from the use of Auction Mobility. In cases of technical problems, bidding disputes, or access issues related to the Auction Mobility platform, the resolution lies directly with Auction Mobility, as Estuary Auctions is not liable for such issues.
17.2 Data Sharing and Privacy
By registering to bid through Estuary Auctions on the Auction Mobility platform, Bidders agree that their personal and bidding information may be shared with Auction Mobility, subject to its privacy policies and data protection practices. Estuary Auctions is not liable for any data processing or information management conducted by Auction Mobility and advises Buyers to review Auction Mobility’s privacy and data use policies before bidding.
17.3 Platform-Related Disputes
Any disputes or issues arising specifically from the operation or performance of the Auction Mobility platform, including but not limited to account access, bid placement, and technical disruptions, shall be directed to Auction Mobility. Estuary Auctions is not responsible for any resulting impact on bidding activities or outcomes related to such platform-specific issues and holds no liability for any claims related to technical matters or user experience on Auction Mobility.
17.4 Access to the Service
Subject to your acceptance of and compliance with this Agreement, Estuary Auctions grants you a personal, non-exclusive, non-transferable, revocable, limited, worldwide license to use the Service and associated software and access the Site for your personal, non-commercial use. All of Estuary’s rights and remedies are expressly reserved, and Estuary may revoke this limited license, in whole or in part, at any time upon notice. Estuary may change, modify, suspend, or discontinue any aspect of the Service at any time, imposing limits on certain features or restricting or prohibiting your access to parts or all of the Service or Site, without notice or liability. Estuary reserves the right to terminate your access to the Service or Site without notice if you violate this Agreement or at Estuary’s discretion.
Estuary reserves the right to access, read, preserve, and disclose any information it reasonably believes necessary to: (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce this Agreement or the Privacy Policy, including investigating potential violations; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property, or safety of Estuary, MAGNATI, AUCTION MOBILITY, sellers, other users, or the public. You are responsible for all actions on the Service by you or anyone using your password or account and for ensuring that no unauthorized person shall access your password or account. You agree not to share your password, not to re-use your username and password combination on other websites or services, and agree that you are solely responsible for all actions taken by individuals who use the Service through your password or account. You are solely responsible for (i) controlling the dissemination and use of your username and password, (ii) authorizing, monitoring, and controlling access to and use of your Service account, and (iii) promptly informing Estuary of any need to deactivate your username or password. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you and Estuary by this Agreement or your use of or access to the Service or the Site.
18. PAYMENT SERVICES
18.1 Magnati Payment Processing
Estuary Auctions uses Magnati as its third-party payment processor to facilitate secure and efficient payment transactions. Payment links for auction purchases, handling fees, and other transactions may be sent to Buyers through Magnati. By using these payment links, Buyers agree to the terms and conditions of Magnati, including those regarding data handling, security, and privacy. Estuary Auctions does not control Magnati’s processing services and is not responsible for any errors, delays, or issues arising from Magnati’s payment processing.
18.2 Data and Privacy
When using Magnati’s payment services, personal and payment information will be handled according to Magnati’s privacy and security policies. By proceeding with a payment through Magnati, Buyers consent to their information being managed by Magnati in accordance with these policies. Estuary Auctions encourages Buyers to review Magnati’s terms and privacy policies before completing transactions.
18.3 Transaction Terms
All transactions processed through Magnati are subject to the service provider’s processing terms and conditions. Estuary Auctions holds no liability for failed transactions, processing delays, or additional fees that may be imposed by Magnati. Buyers are responsible for ensuring that sufficient funds are available to complete transactions and for verifying any fees associated with payments processed through Magnati.
18.4 Payment Issues and Disputes
Any technical issues or disputes related to payment processing should be directed to Magnati’s customer support. Estuary Auctions does not assume responsibility for transaction errors arising from Magnati’s service and advises Buyers to promptly address any concerns with Magnati directly.