These Conditions of Sale govern the relationship between Art Exchanger (“we,” “us,” “our,” or “the Auction House”) and any person (“you” or “the Bidder”) who participates in our auctions. By registering to bid and by placing a bid, you agree to be bound by the following terms: ไทย
1. The Role of Art Exchanger ไทย
1.1 Art Exchanger acts as agent for the seller.
1.2 The contract of sale is made directly between the seller and the buyer.
1.3 We may own a lot (directly or indirectly) or have a financial interest in a lot and will disclose such interest where required by law.
2. Descriptions and Condition
2.1 All lots are sold “as is.”
2.2 Descriptions, including attributions, dimensions, provenance, and condition, are based on our opinion and available information but are not warranties.
2.3 We recommend you inspect each lot personally or consult with independent experts before bidding.
3. Estimates
3.1 Estimates are provided as a guide only and should not be relied upon as a prediction of the final sale price.
3.2 Estimates do not include the Buyer’s Premium, applicable taxes, or other charges.
4. Bidding
4.1 Bidders must register and be approved by Art Exchanger before placing a bid.
4.2 We reserve the right to reject any registration or bid at our sole discretion.
4.3 The highest bid acknowledged by the auctioneer at the fall of the hammer shall be the successful bid and shall bind the buyer to purchase the lot.
4.4 Bids may not be withdrawn after submission unless expressly permitted by the auctioneer.
5. Buyer’s Premium and Additional Charges
5.1 The Buyer shall pay the hammer price plus a Buyer’s Premium, which will be published in the sale catalogue or auction notice.
5.2 Additional charges may apply, such as import duties, taxes, or storage fees.
6. Payment
6.1 Full payment must be made within seven (7) calendar days of the sale.
6.2 Payment must be made in the currency stated and by the methods we accept.
6.3 We may charge interest on late payments and withhold any purchased lots until full payment is received.
7. Transfer of Ownership and Risk
7.1 Title passes to the buyer upon full payment.
7.2 Risk of loss or damage passes to the buyer at the earlier of (i) collection or (ii) 14 days after the sale date.
8. Collection and Shipping
8.1 Buyers must collect lots promptly or arrange for shipping.
8.2 Storage charges may apply after a specified grace period.
8.3 Export or import restrictions may apply; it is the buyer’s responsibility to obtain all necessary licenses or permits.
9. Remedies for Non-Payment
9.1 If the buyer fails to pay in full, we may (without limitation):
• Cancel the sale
• Resell the lot (at auction or privately)
• Charge interest or storage fees
• Take legal action for recovery
10. Warranties and Liability
10.1 We do not provide any warranty of authenticity, merchantability, fitness for purpose, or legal title except as expressly stated.
10.2 To the fullest extent permitted by law, Art Exchanger shall not be liable for any loss or damage arising from your use of or participation in the sale.
11. Rescission of Sale
11.1 We may, at our sole discretion, rescind the sale of a lot if we determine that:
• The lot is a counterfeit, or
• There is a material defect in title or provenance — even if the buyer has taken possession of the lot.
11.2 Upon rescission, the buyer shall return the lot, and we shall refund the purchase price paid, without further liability.
12. Third-Party Guarantees and Irrevocable Bids
12.1 Certain lots may be subject to a third-party guarantee or an irrevocable bid.
12.2 Where applicable, these arrangements will be disclosed prior to sale and may result in the third party receiving a financial interest in the lot.
12.3 You acknowledge that these arrangements may involve potential conflicts of interest and agree to proceed with bidding on that basis.
13. Intellectual Property
13.1 All images, descriptions, and catalog content are the property of Art Exchanger and may not be reproduced without permission.
14. Law and Jurisdiction
14.1 These Conditions are governed by the laws of Thailand.
14.2 Any disputes shall be submitted to the exclusive jurisdiction of the courts of Thailand.
15. Data Protection
15.1 Personal information provided to Art Exchanger will be used in accordance with our Privacy Policy.
