DeMatteo Fine Arts Ltd.

Auction House - Gallery - Conservatory

"The art of discovering the undiscovered"


International Purveyors of Fine Art




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TERMS & CONDITIONS

Auctions present excellent opportunities to acquire works of art. However, to be successful, auction participants should educate themselves and pursue items based upon their independent judgment or that of their own trusted advisors. Due to the nature of auctions, all DeMatteo Fine Arts Ltd. auction participants, whether buyers or sellers, agree to the following terms and conditions, and participation in any DeMatteo Fine Arts Ltd. auction or sale shall constitute acceptance hereof:

1. DeMatteo Fine Arts Ltd. sells only items it is authorized to sell.
2. DeMatteo Fine Arts Ltd. and its auctioneers have sole, final and absolute discretion regarding any and all matters whatsoever in any auction or sale, including acceptance or rejection of any bids, and resolution of any and all disputes.
3. DeMatteo Fine Arts Ltd. will never knowingly make a false or inaccurate representation, but only provides its beliefs regarding representations as to any item to be sold, which it may amend at any time, including orally during auction or sale. Objects of art are enigmas wrapped in mysteries entangled in riddles. DeMatteo Fine Arts Ltd. therefore neither guarantees nor warrants its beliefs regarding any item, either as to artist, authenticity, description, condition, provenance or any matter whatsoever.
4. Participants must make their own determination and evaluation as to any item for sale by or through DeMatteo Fine Arts Ltd. in auction or otherwise, and bid and buy solely based upon their own research, for what they believe any item to be.
5. DeMatteo Fine Arts Ltd. sells strictly to maximize its own profits, based solely on its own judgment of how to do so. It is not the agent of either buyers or sellers, and is not liable or responsible for anything other than what it commits to writing.
6. DeMatteo Fine Arts Ltd. may provide information as to appraisers, but assumes no responsibility for anything whatsoever regarding any appraisal, which is a private matter between the appraiser and bidder, even if the appraiser otherwise has any relationship with DeMatteo Fine Arts Ltd.
7. All items are sold only AS IS, WHERE IS.
8. DeMatteo Fine Arts Ltd. will place specific absentee bids, for which it may require an advance deposit. Absentee parties may place left bids or offers to purchase by mail, e-mail, telephone, fax, or in person prior to any auction or sale. DeMatteo Fine Arts Ltd. executes all left bids on a best efforts basis.
9. DeMatteo Fine Arts Ltd. shall not be liable for errors, omissions, technological issues or anything else related to bidding or its auctions, and shall not be liable for any direct, indirect, special or consequential damages whatsoever.
10. DeMatteo Fine Arts Ltd. shall not be liable for disputes arising in any auction or sale, whether as to the winning bid, buyer, lot number, placement of any item in any particular auction, withdrawal or addition of any item from any auction at any time, changes in terms and conditions of any auction, or any other matter.
11. Removal of purchased items shall be at the expense, liability and risk of the buyer. All Buyers must maintain thier own insurance and bear all risk.
12. DeMatteo Fine Arts Ltd. may provide courtesy information as to shippers, but assumes no responsibility or liability whatsoever regarding others’ shipping, including delivery and timing thereof, condition upon delivery, abilities of any shipper, or any other matter.
13. DeMatteo Fine Arts Ltd. shall not be liable for the condition of the premises on which the sale is held or any defect. Persons attending any DeMatteo Fine Arts Ltd. activity, including exhibition, auction, sale or removal of items, assume all risks of damage or loss to person and property, and specifically release DeMatteo Fine Arts Ltd. from any and all such liability.
14. Payment is due at the time of sale, unless DeMatteo Fine Arts Ltd. agrees to other provisions.
15. The sale premium to DeMatteo Fine Arts Ltd. is 19% of the total purchase amount, or as published by DeMatteo Fine Arts Ltd. at the time of the auction.
16. Buyers are responsible to pay all sales tax, but will not be charged if they show that they are exempt.
17. No item is released for shipment or delivery unless DeMatteo Fine Arts Ltd. receives full payment or otherwise agrees.
18. DeMatteo Fine Arts Ltd. may do any one or more of the following upon any buyer default: (a) hold the buyer liable for the total purchase price; (b) cancel the sale and retain as liquidated damages any partial payment by the buyer; (c) resell the item either at auction or private sale; and (d) take any other appropriate action.
19. The defaulting bidder is liable for any and all deficiency, costs, handling charges, late charges, expenses of sale, commissions, reasonable attorney’s fees, incidental damages and other charges due hereunder.
20. DeMatteo Fine Arts Ltd. retains a security interest in all items, and may retain as collateral for bidder’s obligations any and all property of such bidder that DeMatteo Fine Arts Ltd. possesses.
21. The laws of the State of Connecticut govern this agreement and all DeMatteo Fine Arts Ltd. events and transactions.

If DeMatteo Fine Arts, Ltd. uses EBay's live auction format for any auction, the following EBay terms and conditions apply.

PARTICIPATION OR ATTENDANCE IN ANY DEMATTEO FINE ARTS LTD. EVENT OR ACTIVITY, WHETHER IN PERSON OR BY AGENT, BY TELEPHONE OR OTHERWISE, CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 73 Main Street | Torrington, CT 06790 | United States