Term & Conditions – Calabar Gallery Art Auctions

Intro

Bid and collect on CALABAR GALLERY, the source for art collectors. We provide online art auctions for contemporary and modern African, Caribbean and African American artworks. Each auction listing provides comprehensive information about the artwork, including a detailed art work description to assist you with your decision to bid.

Liability

CALABAR GALLERY is a platform that allows you to offer, sell and buy Artworks. CALABAR GALLERY does not own or sell the items listed in our auctions, but is providing a sale platform for the sellers (artists, collectors or galleries) and buyers, facilitating buyers and sellers to transact.

The information provided on the Site in relation to lots offered for sale is dependent on information provided to us by the Seller who is completly liable for the description. CALABAR GALLERY does not accept any liability or warranty for any condition report or item description. Images may not show the condition of the lot clearly. In particular, colors and shades may look different in print or on screen to how they look in real life. CALABAR GALLERY does not accept any liability for the quality of digital images and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items.

Register

You must register to bid on the Site to participate in our timed auction or purchase a lot using Buy Now or create watch lists. In order to register, you will be asked to supply the information requested on our registration page. Registrants must be 18 or over to participate in an online auction or Buy Now purchase. In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as User of the Site. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. We never share your dates and always protect your privacy.

Selling/Buying

You can buy items through the Site in two ways. During the Buy Now phase, you can purchase the lot at the price without taking part in any bidding for the lot during the timed auction. During the timed auction, you can bid for the lot and if at the end of the timed auction, your bid is the highest bid, you will become the buyer of the lot. If you purchase a lot at the Buy Now price these Terms will apply to you in the same manner as if you had been the successful bidder in a timed auction.

By clicking on the button “Confirm Bid” on the “Confirm Your Bid” page, you will be deemed to have made an irrevocable offer to buy the lot for a price up to the amount shown as your current bid on that page. If you become the winning bidder, we will notify you by email, and a binding sale contract will automatically be concluded between you as the buyer, and the Seller of the lot.The Contract of Sale betwenn the Seller and Buyer will be deemed to have been concluded as a result of the automatic award.

Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site.CALABAR GALLERY has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.

Bidders/Buyers Obligation

As a buyer you agree not to purchase any items found through the services of CALABAR GALLERY without using CALABAR to complete the transaction.

Placing a bid at a CalabarGallery.com auction is a legally binding obligation. If you are the successful Buyer, you agree to pay the amount of your bid plus all applicable taxes and shipping costs by 3 days of the auction. Failure to make such payment shall be deemed a breach of this Agreement. Your electronic acceptance of this Agreement signifies that you have read understand, acknowledge and agree to be bound by this Agreement.

User Agreement

All users agree to defend, indemnify, and hold CALABAR GALLERY agents, vendors, partners, contractors, representatives, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with their use of the site, their purchase or sale of items, the nature or quality of items, their disputes with any seller in connection with use of the site, their violation of any law, their violation of these terms or including, but not limited to, any third party claim that any information or materials such site user provides infringes any third party proprietary right. All site users agree to cooperate as fully and reasonably as required in the defense of any claim.

Termination of Bidding Process

CALABAR GALLERY reserves the right to reject, revoke or refuse to accept any bid at any time before, during or after any auction. CALABAR GALLERY reserves the right to restart a sale or to restart bidding on any particular lot if we consider it is appropriate and reasonable to do so. CALABAR GALLERY shall have no liability whatsoever for any such action taken by us.

Tax Laws

The User is obliged to comply with all applicable tax laws and regulations. The User is fully liable for the consequences of providing any incomplete or incorrect information with respect to his tax position and fully indemnifies CALABAR GALLERY against any and all claims brought by third parties, including the tax authorities, against any and all damage and/or costs that ensue from or are related thereto, and CALABAR GALLERY will immediately recover such claims, damage and costs from the User

Termination to Site Access and Services

CALABAR GALLERY shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. The User accepts that the functionalities of the Service and the Online Platform may change. CALABAR GALLERY shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content, features, database and hours of availability, without further notice to you. You agree that CALABAR GALLERY may terminate your use of this Site and Services, cancel your user registration, remove your Communications, if CALABAR GALLERY reasonably believes that you have violated or acted inconsistently or violated the rights of CALABAR GALLERY or any third party, or for any reason, with or without notice to you. You agree that CALABAR GALLERYwill not be held liable to you or any third party as a result thereof.

Availabiltiy of Services

The User acknowledges and accepts the special circumstances that may arise in connection with an Internet auction and the errors that may occur. That includes – but is not limited to– an inability to access the Online Platform in whole or in part, an inability to place a Bid or to do so in a timely manner, or breakdowns of or defects in the Online Platform or the underlying hardware, network connections or software. Maintenance work on the Online Platform or on the underlying system also may prevent access in whole or in part or the ability to place a Bid in a timely manner. In no event is CALABAR GALLERY liable for any damage that the User sustains as a result of such technical problems or other errors.

Limitation fo Liabiliy; Exclusion of damages

CALABAR GALLERY is not liable for any lost data resulting from the operation of the CALABAR GALLERY Site, provision of Services. CALABAR GALLERY urges all users to maintain their own back-up versions of any Communications they provide for submission to the Site or Services.

CALABAR GALLERY disclaims any and all liability for the acts, omissions, and conduct of any users of the Site or Services or otherwise related to your use of the Site and/or Services. CALABAR GALLERY is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services.

Links to other Website

The Site may contain links to third-party websites that are maintained by others. These links are provided solely for the convenience of the user and are not endorsed by us in any way. We are not responsible for the content of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Change of Terms and Conditions

CALABAR GALLERY reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .

Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.