Terms & Conditions
Terms for participating artists and donors
We are very grateful for your support in donating works and in providing consent to use images of works. The following brief terms apply to all artists and donors:
- 1. We affirm that the information given to you is correct and that we are the creators and/or owners of the works or that we have the right to dispose of them and give good title for the works donated. We do so in the full knowledge of these terms and conditions.
- 3. Works donated can be either collected by arrangement, or can be delivered to the stated address(s). For works from Palestine we have collection points in Ramallah, Bethlehem and Jerusalem or via trustee Firas Sarhan ( email@example.com).
- 4. Unless specified insurance against loss or damage before transfer to ABCD or sale will not be provided. Each seller/donor is responsible up to the point of transfer/sale whichever is the earlier.
- 5. In the unlikely event that works remain unsold ABCD will retain the works unless specifically asked to return the works. Onward disposal would always be for the benefit of ABCD’s charitable objects.
Conditions for participating bidders and buyers
We want to make sure you have a great time, have an opportunity to purchase your favourite artworks (“artworks”) and help us make the world of difference to the children we care for and their families in Palestine. For us to make sure nothing goes wobbly, we need you to read these Terms and ensure you are happy with them before you get cracking!
This is a legally binding set of Terms which make up an Agreement between you the purchaser (we’ll use “User” or “you” to make things clear in the terms) and ABCD Bethlehem on behalf of Pal Art 2020.
There are a number of different pathways to be purchasing these artworks as described in the sections of the website. The online auction of works will take place once bids are open in July. The two sections of ‘Auction’ for more expensive works and ‘Buy it Now’ for less expensive works will then run concurrently until the online phase closes at Sunday the 25th October 2020. There will then be, if the current restrictions allow, a final opportunity to bid for works that are not already sold at the reception at the Mosaic Rooms London SW5 on Monday the 26th October 2020. We reserve the right to adjust this in the light of the current CoVid restrictions.
Successful online bids will be informed by email. For the But it now bids start at £5 or £10 for each small work. If someone bids £50 for any small work it will be sold to them automatically and the item will be marked upon the auction as sold. Once you are informed that your bid is successful you pay for the work by using the PayPal button, using your name and lot number as reference, and must be either taken away by their new owner or posted (these terms are only for the smaller works in the Buy it Now section. All works remaining unsold online in the Buy it Now section will be available for bids at the London reception.
For donated works in the main Auction section the rules are slightly different. The minimum bids are stated as are the increments – some are fairly low but the major works may be higher increments. There is no maximum bid and bids will be accepted on line up to Sunday 25th October 2020 (unless the final date is adjusted) and otherwise in person or by proxy at the London reception on the 26th October 2020. Again all bids must be paid for after which it will be the purchaser’s responsibility to collect or have delivered their purchased works. ABCD will help facilitate this so far as possible, and some personal deliveries may be possible.
Please make sure you have read this BEFORE you get further into the process of registering or bidding on any of the lovely Artworks. The Agreement includes important information about your RIGHTS, your OBLIGATIONS and it governs how you can PARTICIPATE in the Online Auction. It covers your acceptable use of the Online Auction.
For the avoidance of doubt, when you BID you ENTER INTO A BINDING AGREEMENT with ABCD, on behalf of Pal Art 2020, through which you are committing to buy your preferred lot for the amount you have bid and if relevant delivery charges.
By clicking to Register as a bidder in the Online Auction you agree to be bound by all the terms and conditions set out below.
By clicking to Register you are permitted to use Incognito Online Auction “Website” at www.incognito.ie.
By accessing and using the Website, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. You acknowledge and agree that your click on “SUBMIT” or “REGISTER ME NOW” is equivalent to your signing this Agreement.
If you don’t register you cannot use the online service.
Once you press “SUBMIT” or “REGISTER ME NOW” and the Register your details on the Website you can participate in the Online Auction for Pal Art 2020 using this Website in the hope you will place the winning bid and become the lucky new owner of your favourite artwork.
ABCD may modify or revise the Agreement at any time by updating the text of this page. If ABCD does this, you will be bound by the modification(s). If you would like to keep up to date with changes you can return to the page at your leisure and the date of latest review will be evident on the page.
ABCD may also impose specific rules in relation to methods of payment, payment terms or delivery methods / collection methods for winning bids on the Website, and you agree to be bound by these specific rules.
The sale of any artwork through the Website shall constitute an agreement between ABCD and you the Buyer.
ABCD is a registered charity and all funds raised by Pal Art 2020 will be donated to the charity.
1 Definitions and Term
1.1 All references to Buyer, Bidder, User or “you” shall include potential as well as actual Buyers, Bidders and Users be you (or they) male, female, singular or plural.
1.2 Artists means the creators of the Artworks
1.3 Artworks means the artworks that form part of Pal Art 2020
1.4 Terms means these terms and conditions
1.5 ABCD Bethlehem is the beneficiary charity of Pal Art 2020 and its successors
1.6 Website means www.palart.org.uk and all subdomains or subsections
1.7 These Terms shall remain in force from the date on which you accept the Terms by registering for the Website and shall continue until you complete your purchase, the Auction closes and your bid is unsuccessful or your access is discontinued by ABCD as a consequence of your breach of these Terms.
2.1 By registering, you warrant that:
2.1.1 you are over eighteen (18) years of age on the 26th October 2020;
2.1.2 you have completed your correct registration details and registered to bid on www.palart.org.uk
2.1.3 your personal details are accurate and valid. Should any of your details change you will notify ABCD using the Contact form on www.palart.org.uk or log into your account and update the details held there. You acknowledge that ABCD may suspend or terminate your use of the Website if it appears any of the registration information provided by you is inaccurate in any material respect.
2.2 When ABCD receives your registration information it will provide you with confirmation via email. The confirmation entitles you to bid for Artworks on the Website.
3 ABCD’s initial obligations
3.1 ABCD warrants that it has full title to all the Artworks and the right to sell the Artworks on behalf of Pal Art 2020. The only exception may be where works have been unavoidably delayed in transit from Israel/Palestine or elsewhere in which case successful bidders will be made aware of this prior to payment allowing sufficient time for the works to be delivered to the UK.
3.2 ABCD shall, on request, provide details of:
3.2.1 accurate dimensions and weight details to interested Bidders in order for them to understand more about the artwork should they have not been able to view it; and
3.2.2 all necessary health and safety information (where relevant) relating to the Artworks.
3.3 ABCD shall contact the winning Bidder within 5 days of the end of the Auction to notify them of their win and arrange payment for their artwork(s);
3.4 Other than as specifically set out in these Terms, no warranty or guarantee will be offered by ABCD and you will not hold ABCD responsible for:
3.4.1 the quality, safety or legality of the Artworks;
3.4.2 the accuracy or truth of the information supplied by Artists and uploaded onto the Website;
3.4.3 the unfettered title of the Artworks, and the full right to list the Artworks for sale.
3.5 ABCD is unable to guarantee or warrant continuous or secure access to the Website, which may be vulnerable to factors outside its reasonable control.
3.6 ABCD cannot guarantee or warrant that the Website will be free from error(s) or that its servers will be free from viruses or other harmful content. ABCD will use reasonable endeavours to provide uninterrupted access to the Website, but will not be liable to any User for any loss of opportunity to purchase an artwork as a result of any issues with, or temporary break in, access to the Website.
4.1 You agree that you are aware of the nature of the Agreement you are entering into when you place a place a Bid for an artwork. You are in a binding agreement with ABCD for the sale and purchase of the item you have placed / submitted a bid on.
4.2 You will cease to place bids for an artwork should the bid level become too high for you.
4.3 If you are bidding for an artwork on behalf of someone else, you must be able to confirm that you have, and provide evidence on demand of, the written permission of that person to do so, with personal details and clear agreed financial boundaries for the bidding.
4.4 When you place or submit a Bid for any artwork in accordance with these Terms you also confirm that:
4.4.1 You are satisfied the artwork has a satisfactory history;
4.4.2 You are satisfied with the dimensions and weight of the artwork;
4.4.3 You are prepared to obtain the artwork in the state in which it is delivered to you, provided it is in accordance with the description given on the Website;
4.4.4 You are able aware of any Health and Safety issues relating to that artwork;
4.4.5 You acknowledge the fragility of certain Artworks, and this means there is an increased risk of damage during delivery;
4.4.6 You are satisfied the picture or description of the artwork provided on the Website constitutes a sufficient level of information to enable you to make an informed decision to buy the Artwork. Should you require more details or a viewing of the Artwork you are entitled to ask for information or visit the Artwork;
4.4.7 You agree that the proceeds of your payment for the Artwork shall go to the beneficiaries of Pal Art 2020, being ABCD Bethlehem and finally
4.4.8 You will pay for the Artwork, and you may not withdraw your bid if it is accepted by ABCD.
4.5 You will protect access to your account and username or password in order to reduce the chances of fraudulent Bids.
4.6 ABCD shall contact Bidders and update them about the progress of their Artworks via email or phone in order to ensure they are aware of changes in the bid level, but you agree to check the Website regularly and you take responsibility for monitoring this information.
4.7 ABCD reserves the right at its sole discretion to:
4.7.1 decline to allow or accept bids from individual bidders; or
4.7.2 suspend or terminate the auction, or the sale of a specific Artwork where it determines there is a risk to the auction, or where it is in receipt of information that an abuse of the Terms has occurred, or is likely to occur.
5 Auction Process
5.1 ABCD will use best endeavours to ensure the listings of all the Artworks are accurate at the time of initial listing on the Website and the condition of the Artworks is saleable and appropriate it its opinion.
5.2 ABCD will provide a description of each Artwork, including but not limited to the dimensions / scale, weight, the materials from which it is constructed and its history (if relevant), some images of the Artwork and some detail of the Artist or Designer which worked with Incognito.
5.3 There will be clear mention made in any cases where the Artwork may have electrical or other potentially hazardous aspects to it.
5.4 The start and end dates and times of the Online Auction for each Lot / Artwork will be posted on the Website, along with remaining time before the last bid can be accepted.
5.5 There will be a £5 or £10 minimum bid on the Artworks in the Buy it Now section, and a maximum of £50
5.6 There will be a minimum bid on the Artworks in the open auction which is stated in the listing. The increments for the bidding will vary thereafter although ABCD reserve the right to accept higher bids where the additional increment is smaller than that stated. There will be no maximum bid and lots will be deemed sold to the highest bidder at the date the auction closes which is currently the 26th October 2020.
5.7 Buyers shall be entitled to submit Bids by clicking on the icon indicated and they will then be asked to confirm their bid. It must be noted it IS NOT POSSIBLE TO RECALL BIDS once ABCD is in receipt of the confirmation from the Buyer.
5.10 Once the bidding has closed, ABCD will notify the Buyer that submitted the final bid in writing by post, email or other reasonable means to inform them their bid has been accepted, and that they are now liable to pay for the Artwork.
5.11 In the event that no Bids are received for one of the Artworks during the period they will be advertised for sale on the Website or at the reception, ABCD reserves the right to maintain title to the Artwork and do whatsoever it wishes with it in the future at its sole discretion.
5.12 There will be a “Buy Now”- style offer on any Artwork at the rate of £50. However, we reserve the right to remove any Artwork from the online auction, at any time for any given reason.
5.13 Title to the Goods shall only pass to the Buyer when ABCD has received cleared funds for the exact amount of the bid plus any additional charges, fees or VAT due at the date on which payment is due.
6 Inspection of Artworks
6.1 While ABCD will make reasonable efforts to ensure the safekeeping of the Artwork before sale, minor display damage or small marks should be expected.
6.2 ABCD shall not be liable for any loss of, or damage to, the Artworks whilst on display, being installed, being recovered from primary display, being shown at Auction or public events .