The following terms and conditions bind in their entirety, the Sellers and Buyers participating in the online auction organized by the Kalais Art Auctions, hereinafter referred to as the “Auctioneer” and prevailing over any other contrary agreements between the Auctioneer and the Sellers or Buyers. Participation in the online auction as either the Seller or the Buyer implies the full and unconditional acceptance of the following terms which the Sellers and Buyers should read carefully.

1. The Auctioneer always acts as the representative of the Seller. The Auctioneer directs, accepts, and refuses bids during the online auction. Participation in the online auction of any person, is at the absolute and solely discretion of the Auctioneer.

2. To participate, interested Buyers must create a personal account (via “My Account”) and thereafter use this account to login and participate in the Auction.

3. Every artwork offered for sale is the property of the Seller who consigned the artwork and assurance the Auctioneer that it is free of any legal or any other impediment, claim or demand by any third party.

4. The Buyer is considered the one who submits the highest offer at the conclusion of the online auction. In case of any dispute regarding the Buyer, its resolution is based on the absolute and sole judgment of the Auctioneer.

5. Each artwork is sold ‘as is”. The Auctioneer is not responsible for possible defects, damages or imperfections of an artwork or errors or misrepresentations in the description contained in the online auction catalogue. All statements included in the online auction catalogue relating to the provenance, dating, authenticity and estimate of a lot, are made to the best of its knowledge and do not imply or create ultimate responsibility or liability on the part of the Auctioneer, its associates or employees to any third party.

6. Any statement or reference by the Auctioneer in the online auction catalog or any other documents or communication regarding the artist, origin, date of creation, age, dimensions, material, authenticity, provenance, condition, the general situation, or the indicative value of the artwork, is only the opinion of the Auctioneer and do not imply or create ultimate responsibility or liability on the part of the Auctioneer, its associates or employees to any third party.

7. The illustrations in the catalogs are purely informative. Prospective Buyers should not rely on them for colors, tones and any defects or imperfections in the works. An artwork may be of an age or nature which result in it not being its original condition. Any references to damages or to maintenance or restoration of any artwork is provided for information purposes only. The lack of reporting such information, in no way implies the lack of defects and cannot be a cause for the Auctioneer’s liability. The reporting of specific defects of an artwork project does not imply the lack of others.

8. A Buyer can return an artwork within two (2) years of its purchase if it can be reasonably proved that it is a forgery. In such a case the Buyer will be fully refunded (hammer price plus commission plus VAT but not interest), conditional that the Buyer has not resold the artwork, it has been kept in the same condition as at the time of purchase and there was no mention in the catalogue of disputed authenticity.

9. No Additional Fees or VAT will be added to the any Bid or the final Selling Price. The Auctioneer’s commission plus VAT are included in the Sale Price and will be presented as such in the final invoice. The Buyer should settle the respective invoice in full and collect all purchased lots within seven (7) days from the completion of the online auction. All artworks purchased can be collected, after the account has been settled, from the Auctioneer’s premises from the day after the completion of the online auction. Delivery to the Buyer can be arranged with the delivery costs to be charged to the Buyer’s account.

10. In case of the Buyer’s refusal or inability to settle their account and collect the work(s) as stated above within thirty (30) from the date of completion of the online auction, the Auctioneer has the right to, a) To initiate legal action demanding the full settlement of the account, b) To dispose of the work(s) to a third party privately or through an auction sale, or c) To demand compensation for any financial or other damages suffered as a result of the Buyer’s refusal to fulfil their obligations.

11. This agreement is governed by the laws of the Republic of Cyprus and any disputes shall be adjudicate by its courts.