These Conditions of Sale (the “Conditions”) govern all auctions conducted by Crest Auction House Hong Kong, hereinafter referred to as “Crest” or the “Auction House”, whether conducted in person, online, by telephone, by absentee bid or through a third-party bidding platform.
These Conditions apply to all bidders and Buyers.
By registering for an auction, submitting an absentee bid or placing a bid by any means, the bidder acknowledges that they have read, understood and agreed to be bound by these Conditions.
Special conditions may apply to a particular auction or lot. In the event of any inconsistency, the special conditions applicable to the relevant auction or lot shall prevail over these general Conditions.
1. CREST'S ROLE
Unless otherwise stated, Crest acts as agent for the owner, consignor or seller of each lot (the “Seller”).
The contract of sale is concluded between the Seller and the successful bidder (the “Buyer”) upon the lot being knocked down or otherwise declared sold by the auctioneer.
Crest may, in exceptional circumstances, own all or part of a lot, have a financial interest in a lot, or have entered into a financial arrangement with the Seller.
Where required by applicable law or where Crest considers it appropriate, such interest may be disclosed in the catalogue or auction information.
2. REGISTRATION FOR AUCTIONS
Any person wishing to participate in an auction must first register with Crest or, where applicable, with the relevant bidding platform.
Crest may require, amongst other things:
- full legal name or company name;
- full address;
- telephone number;
- email address;
- government-issued photographic identification;
- proof of address;
- bank details;
- payment card details;
- financial references;
- proof of funds;
- a security deposit;
- company incorporation documents;
- details of directors, shareholders and ultimate beneficial owners;
- information regarding the source of funds and/or source of wealth;
- any other information reasonably required for security, compliance or fraud prevention purposes.
Crest reserves the right to refuse registration, require additional security, impose bidding limits or suspend an account where reasonably necessary.
Acceptance of a bidder's registration does not oblige Crest to accept every bid placed by that bidder.
3. BIDDING ON BEHALF OF ANOTHER PERSON
Unless otherwise disclosed to and accepted by Crest in advance, every bidder shall be deemed to act as principal and on their own behalf.
The registered bidder remains personally responsible for all bids placed through their account.
Any person wishing to bid on behalf of another person must inform Crest before the auction and disclose the identity of their principal.
Crest may require identification documents, powers of attorney, banking documentation and compliance information relating to both the agent and the ultimate beneficiary of the purchase.
Unless Crest has expressly accepted the agency arrangement in advance, the registered bidder shall remain personally liable for the purchase.
4. IDENTIFICATION, KYC AND COMPLIANCE
Crest operates customer due diligence procedures appropriate to the nature and value of the transactions conducted through the Auction House.
Crest may request any additional documentation or information reasonably required in connection with:
- anti-money laundering requirements;
- counter-terrorist financing requirements;
- international sanctions;
- fraud prevention;
- trade restrictions;
- dealing in precious metals and stones;
- verification of source of funds;
- regulatory compliance.
Such checks may take place before or after the auction.
Crest may suspend registration, payment processing, collection, release, shipment or refund of a lot until all required checks have been satisfactorily completed.
Where Crest reasonably considers that a transaction may contravene applicable law, regulation or sanctions, Crest may refuse, suspend or, to the extent permitted by law, cancel the transaction.
5. LOT DESCRIPTIONS AND CATALOGUING
Descriptions appearing in catalogues, lot notices, condition reports, photographs, videos and other materials prepared or published by Crest are prepared in good faith on the basis of the information, observations, documentation and knowledge reasonably available at the time of cataloguing.
Unless expressly stated otherwise, statements concerning, amongst other matters:
- artist;
- maker;
- workshop;
- school;
- culture;
- dynasty;
- reign;
- period;
- date;
- geographical origin;
- materials;
- technique;
- provenance;
- dimensions;
- weight;
- literature;
- exhibitions;
- condition,
constitute opinions of cataloguing and shall not be regarded as absolute guarantees.
Descriptions are intended to identify and present the lot and do not constitute comprehensive scientific, archaeological or technical reports.
Dimensions and weights are given for guidance.
Photographs form part of the information made available to bidders but may not perfectly reproduce the colour, texture, proportions, dimensions or physical condition of an object.
Prospective bidders are encouraged to inspect lots and request any additional information they consider necessary before bidding.
6. CONDITION OF LOTS
Lots offered for sale are frequently antique, vintage, second-hand or otherwise of considerable age.
They are sold in their condition at the time of sale, subject always to any rights or liabilities which cannot lawfully be excluded.
By their nature, lots may exhibit, amongst other things:
- wear;
- scratches;
- impacts;
- cracks;
- chips;
- losses;
- restorations;
- repairs;
- alterations;
- replacements;
- oxidation;
- corrosion;
- fading;
- deterioration;
- imperfections.
The absence of any reference to a defect, restoration or alteration in the catalogue or condition report does not necessarily mean that the lot is free from such characteristics.
The age of an object means that it generally cannot be expected to be in a condition comparable with a new object.
7. CONDITION REPORTS
Crest may provide condition reports to prospective bidders upon request.
Condition reports are provided for guidance.
They constitute statements of opinion and are not intended to be exhaustive.
They do not replace personal inspection of the lot or advice from an independent specialist.
Certain restorations, retouching, consolidation or alterations may not be apparent upon ordinary visual examination and may require specialist technical examination.
Unless expressly stated otherwise, Crest is under no obligation to carry out such technical examinations routinely.
8. SPECIAL PROVISIONS FOR ANTIQUITIES AND ASIAN WORKS OF ART
Antiquities and Asian works of art, including porcelain, ceramics, bronzes, jade, sculpture, paintings, lacquerware, enamels, textiles and archaeological or other ancient objects, may exhibit characteristics resulting from their age, manufacture, use, storage or successive restoration.
Such characteristics may include:
- crazing;
- firing faults or irregularities;
- glaze irregularities;
- cracks and hairlines;
- chips;
- losses;
- old or modern restorations;
- overpainting;
- retouching;
- consolidation;
- replacement elements;
- alterations;
- old mounts;
- traces of adhesive;
- polishing;
- cleaning;
- surface alterations;
- oxidation;
- corrosion;
- patination;
- deposits.
Such characteristics may be consistent with the age and nature of the property.
Historic manufacturing processes may also result in variations in form, decoration, thickness, firing, glaze, colour or dimensions which do not necessarily constitute defects.
9. CHINESE PORCELAIN AND CERAMICS — DYNASTIES, REIGNS AND PERIODS
Where a lot is described by reference to a dynasty, reign, historical period or date, such description represents, unless expressly warranted otherwise in writing, Crest's opinion of the lot at the time of the auction.
Expressions including:
“Ming Dynasty”,
“Qing Dynasty”,
“Kangxi period”,
“Yongzheng period”,
“Qianlong period”,
“Republic period”,
“18th century”,
“19th century”,
“late Qing”,
“Ming style”,
“Qianlong style”,
and equivalent expressions in Chinese, French or any other language must be considered in the context of the complete catalogue description.
An attribution may be based upon consideration of:
- style;
- form;
- decoration;
- body;
- glaze;
- pigments;
- manufacturing techniques;
- marks;
- inscriptions;
- provenance;
- comparisons with known examples;
- available scholarship and documentation.
Such attribution constitutes an opinion and, unless Crest expressly states otherwise in writing, does not constitute scientific certification or an absolute guarantee of date.
10. CHINESE REIGN MARKS
Particular care should be taken when considering reign marks appearing on Chinese porcelain, ceramics and other works of art.
The presence of a mark corresponding, amongst others, to the reigns of:
- Xuande;
- Chenghua;
- Jiajing;
- Wanli;
- Kangxi;
- Yongzheng;
- Qianlong;
- Jiaqing;
- Daoguang;
or to any other reign or dynasty does not necessarily mean that the object was manufactured during the period corresponding to that mark.
Reign marks have historically been reproduced during later periods, including as a tribute to earlier periods of production and for decorative, commercial, commemorative or other purposes.
Where a catalogue entry states that an object “bears”, “has” or “is marked with” a particular reign mark, this means only, unless expressly stated otherwise, that the described mark is physically present on the object.
The presence of a reign mark does not, of itself, constitute an attribution or guarantee of date.
In particular, a distinction must be drawn between:
“Qianlong mark”
and:
“Qianlong period”
and:
“Qianlong mark and period”.
Similarly, expressions such as:
“apocryphal Qianlong mark”,
“Qianlong mark but later”,
“bearing a Qianlong six-character mark”
specifically indicate that the presence of the mark should not automatically be understood as dating the object to the corresponding reign.
11. SIGNATURES, SEALS, HALLMARKS AND INSCRIPTIONS
The presence upon a lot of a signature, seal, artist's mark, hallmark, inscription, workshop mark, label or collector's mark does not necessarily constitute a guarantee as to:
- authorship;
- maker;
- date;
- period;
- provenance;
- authenticity.
Unless expressly stated otherwise, Crest describes such features as they appear on the lot.
12. ATTRIBUTION TERMINOLOGY
The terminology used by Crest should be understood according to its customary meaning within the art market and in the context of the complete catalogue entry.
By way of guidance:
“by”: expresses Crest's opinion that the work or object is by the named artist or maker, or of the stated period, subject to any further qualification in the catalogue entry;
“attributed to”: in Crest's opinion, there are grounds for considering the stated attribution, but insufficient certainty for an unqualified attribution;
“workshop of”: in Crest's opinion, the work was produced in the workshop or working environment of the named artist or maker;
“circle of”: in Crest's opinion, the work is stylistically associated with the immediate or wider circle of the named artist;
“school of”: in Crest's opinion, the work is associated with the stated school, tradition or artistic region;
“in the style of”: the work exhibits stylistic characteristics associated with the named artist, maker or period but may have been produced at a later date;
“after”: the work was produced after or based upon an earlier model or composition;
“probably”: the attribution is considered likely but is not certain;
“possibly”: the attribution is considered possible but carries a greater degree of uncertainty;
“circa”: an approximate date around the date stated;
“early”, “mid” or “late”: an attribution to an approximate part of the period stated.
These expressions indicate differing degrees of opinion and shall not be construed as providing equivalent guarantees.
13. SCIENTIFIC TESTING
Unless expressly stated in the catalogue entry, Crest does not warrant that an object has undergone:
- thermoluminescence testing;
- carbon-14 dating;
- pigment analysis;
- metallurgical analysis;
- compositional analysis;
- radiography;
- X-ray fluorescence analysis;
- laboratory testing;
- or any other scientific examination.
Where an analysis, test, certificate or expert report is referred to, it should be considered according to its author, date, methodology, contents and any qualifications or limitations contained within it.
The existence of an earlier expert report does not necessarily mean that Crest adopts all of its conclusions without reservation.
Equally, the absence of scientific testing should not be regarded as an adverse indication concerning a lot.
14. PROVENANCE
Provenance information is provided on the basis of the information, documents and representations reasonably available at the time of the auction.
A published provenance does not necessarily constitute a complete chain of ownership from the date on which an object was created.
The absence of reference to a particular owner, collection, dealer, intermediary or period in the history of the property does not necessarily mean that the property did not pass through such ownership or collection.
Where a particular provenance is material to a bidder's decision, the bidder should request any additional information considered necessary before bidding.
15. CHANGES IN SCHOLARSHIP AND ATTRIBUTION
Attributions, dates and opinions concerning works of art and antiquities are made by reference to the knowledge and scholarly or market consensus reasonably available at the time of the auction.
The subsequent emergence of:
- a new publication;
- a new expert opinion;
- a new specialist view;
- a new discovery;
- scientific testing;
- a revised attribution;
- a change in academic or market consensus,
does not, of itself, establish that a description made in good faith at the time of sale was incorrect or negligent.
Any liability of Crest remains subject to mandatory provisions of applicable law.
16. WATCHES, CLOCKS AND MECHANICAL OBJECTS
Watches, clocks, vehicles, cameras, instruments, electronic equipment and other mechanical objects are frequently antique, vintage or second-hand.
Unless expressly warranted in writing, Crest does not guarantee:
- continuous operation;
- accuracy;
- power reserve;
- water resistance;
- the future condition of the movement;
- originality of every component;
- absence of replacement parts;
- absence of previous repairs.
A watch described as functioning at the time of cataloguing may subsequently require servicing.
Buyers are advised to have the water resistance of any watch professionally tested before exposing it to water.
17. ESTIMATES
Pre-sale estimates represent Crest's opinion of the range within which a lot may sell.
They are not guarantees of selling price or future value.
A lot may sell below, within or above its estimate.
Estimates do not include the Buyer's Premium, platform charges, taxes, shipping, insurance, customs duties or other charges.
18. RESERVES
Lots may be offered subject to a confidential reserve.
The reserve is the minimum price below which the lot will not ordinarily be sold.
To the extent permitted by applicable law, the auctioneer may execute bids on behalf of the Seller up to the reserve.
Unless otherwise stated, the reserve will not exceed the published low estimate.
19. BIDDING
Bids may be accepted:
- in the saleroom;
- through Crest's website;
- through an approved third-party platform;
- by telephone;
- by absentee bid;
- by any other method accepted by Crest.
Every bid is binding upon the bidder.
A bid which has been duly submitted may not be withdrawn or cancelled without Crest's express consent.
The auctioneer may, amongst other things:
- refuse a bid;
- determine bidding increments;
- withdraw a lot;
- combine or divide lots;
- resolve disputes between bidders;
- reopen bidding where circumstances justify doing so;
- reject a bid received after the lot has been sold;
- determine the identity of the successful bidder;
- take any other reasonable step necessary for the proper conduct of the auction.
Subject to applicable law, the auctioneer's decision concerning the conduct of the auction shall be final.
20. ONLINE, TELEPHONE AND ABSENTEE BIDDING
Remote bidding services are provided as a convenience to bidders.
Crest cannot guarantee the absence of:
- internet failure;
- telephone failure;
- latency;
- computer malfunction;
- platform malfunction;
- transmission error;
- human error.
Crest will use reasonable endeavours to provide these services properly.
Subject to any liability which cannot lawfully be excluded, Crest shall not be liable for the failure to execute a bid resulting solely from a technical failure outside its reasonable control.
Bids placed through a third-party platform may also be subject to that platform's own terms and charges.
21. THE AUCTION AND THE HAMMER
The highest bidder accepted by the auctioneer shall be the Buyer.
The sale is concluded when the auctioneer brings down the hammer, declares the lot sold or otherwise indicates the conclusion of bidding.
From that moment, the Buyer is contractually bound to purchase the lot, subject to mandatory provisions of applicable law and Crest's rights under these Conditions.
In the absence of manifest error, Crest's records shall be conclusive evidence of the bidding and identity of the successful bidder.
22. BUYER'S PREMIUM
In addition to the Hammer Price, the Buyer shall pay a Buyer's Premium.
The rate or scale of the Buyer's Premium may vary according to the auction, the nature of the property and the category of lots offered.
Different rates may therefore apply to different categories of lots within the same auction.
The applicable rate or scale will be stated in the special auction information and/or on the relevant lot page before bidding opens.
By registering for the auction and placing a bid, the bidder acknowledges having been informed of and accepts the Buyer's Premium applicable to the relevant lot.
Additional charges imposed by third-party bidding platforms may be payable in addition to Crest's Buyer's Premium.
In the event of any inconsistency between a general rate displayed on Crest's website and the rate expressly stated for a particular auction or lot, the rate or scale stated for that particular auction or lot shall prevail.
The total amount payable by the Buyer may include:
- the Hammer Price;
- the applicable Buyer's Premium;
- any platform charges;
- applicable taxes;
- any payment charges lawfully applicable;
- packing and handling charges;
- shipping and insurance;
- storage charges;
- customs duties and taxes;
- any other amount properly due in connection with the sale.
23. INVOICING
Following the auction, Crest will issue an invoice to the successful bidder.
The invoice will be issued in the name of the registered bidder.
Crest is under no obligation subsequently to transfer or reissue an invoice in the name of another person.
Any amendment remains subject to Crest's approval and to any identification or compliance checks which may be required.
24. PAYMENT
Payment becomes due immediately upon the sale of the lot.
Unless a different deadline is expressly announced for the relevant auction, all sums due must be received by Crest in cleared funds no later than seven (7) calendar days following the auction.
Crest may accept payment by:
- bank transfer;
- approved payment card;
- approved electronic payment method;
- any other method expressly accepted by Crest.
Limits may apply to card payments.
All banking and foreign exchange charges shall be borne by the Buyer.
Payment shall not be regarded as completed until funds have been irrevocably credited to Crest's designated account.
Export, shipping, licensing or customs formalities do not suspend the Buyer's obligation to pay.
25. THIRD-PARTY PAYMENTS
Unless agreed in advance, payment must originate from an account or payment method held in the name of the registered Buyer.
Crest may refuse payment from a third party.
Where a third-party payment is exceptionally accepted, Crest may require all identification, banking and compliance documents relating to both the Buyer and the payer.
Acceptance of such payment does not transfer the Buyer's rights or obligations to the third-party payer.
26. FAILURE TO PAY
If the Buyer fails to pay all sums due within the applicable period, Crest may, without prejudice to any other remedy available under Hong Kong law:
- require immediate payment;
- cancel the sale due to the Buyer's default;
- retain any deposit to the extent permitted by law;
- charge reasonable interest on overdue sums;
- suspend or terminate the Buyer's account;
- refuse future bids from the Buyer;
- retain any property belonging to the Buyer which Crest lawfully holds;
- set off sums owed between the parties where legally permissible;
- commence debt recovery proceedings;
- resell the lot by auction or private sale;
- recover any difference between the amount originally due and the net proceeds of resale;
- recover reasonable storage, insurance, transport, administration, debt recovery and legal costs arising from the default.
Where the net proceeds of resale are lower than the amount originally due, the defaulting Buyer remains liable for the shortfall.
Subject to applicable law, the defaulting Buyer shall not be entitled to any surplus arising from a resale at a higher price.
27. TRANSFER OF TITLE
Legal title to a lot shall not pass to the Buyer until Crest has received in full:
- the Hammer Price;
- the Buyer's Premium;
- any applicable taxes;
- any platform charges payable to Crest;
- all other sums due in respect of the lot.
Until that time, Crest may retain possession of the lot.
28. TRANSFER OF RISK
Risk shall pass to the Buyer upon the earliest of:
- collection by the Buyer;
- collection by the Buyer's authorised representative;
- delivery to a carrier where transport has been arranged directly by the Buyer;
- expiry of thirty (30) calendar days following the auction in respect of a fully paid lot which has not been collected,
subject always to applicable law.
Separate provisions governing transport arranged through Crest or its logistics partners may be set out in the relevant quotation or shipping terms.
29. COLLECTION OF LOTS
No lot will be released until:
- payment has been made in full;
- payment has been finally cleared;
- the Buyer's identity has been satisfactorily verified;
- all required compliance checks have been satisfactorily completed.
Collection may be by appointment.
Crest may require reasonable advance notice.
A third party collecting a lot on behalf of the Buyer must be able to provide the Buyer's written authority and acceptable identification.
Crest may refuse release where the identity or authority of the collecting person cannot reasonably be established.
30. SHIPPING AND DELIVERY
Shipping is not included in the Hammer Price unless expressly stated otherwise.
At the Buyer's request, Crest may:
- provide a shipping quotation;
- obtain a quotation from a logistics partner;
- arrange packing;
- arrange insurance;
- arrange delivery to a carrier;
- introduce the Buyer to an independent service provider.
All associated charges shall be borne by the Buyer.
Times stated for preparation, packing, any required expert examination, administrative formalities, dispatch and delivery are estimates only.
Such times may vary according to:
- the nature and value of the lot;
- its storage location;
- required checks;
- customs formalities;
- licensing requirements;
- import or export restrictions;
- destination;
- carrier requirements.
A reasonable delay in dispatch or delivery shall not invalidate the sale.
31. INDEPENDENT CARRIERS AND SERVICE PROVIDERS
Where Crest uses a carrier, freight forwarder, packer or other independent service provider, that provider's own terms and conditions may also apply.
To the fullest extent permitted by law, Crest shall not be liable for the acts or omissions of an independent service provider.
Claims relating to loss or damage occurring during transit may be subject to the claims procedures of the carrier and/or insurer.
The Buyer should inspect the parcel immediately upon receipt and report any apparent irregularity without delay.
All packaging should be retained until any claim has been finally resolved.
32. INTERNATIONAL SHIPPING AND CUSTOMS
It is the Buyer's responsibility to determine whether a lot may lawfully be imported into the intended destination.
Unless otherwise stated, the Buyer is responsible for:
- customs duties;
- import taxes;
- VAT, GST or equivalent taxes;
- brokerage charges;
- customs clearance charges;
- licences;
- permits;
- destination charges.
The inability to import a lot into the Buyer's chosen jurisdiction shall not ordinarily constitute grounds for cancellation of the sale.
33. CITES AND RESTRICTED MATERIALS
Certain lots may incorporate:
- ivory;
- tortoiseshell;
- coral;
- exotic leather;
- protected woods;
- feathers;
- material derived from protected animal or plant species;
- other regulated materials.
Such lots may require specific permits or may not be exportable to certain destinations.
It is the Buyer's responsibility to investigate applicable restrictions before bidding.
Refusal or delay of a licence shall not, except where mandatory law provides otherwise, constitute grounds for cancellation.
Where legally permissible and where this facilitates lawful shipment, Crest may propose the removal of a regulated component, including a watch strap, before shipment.
34. PACKING
Crest may arrange packing either directly or through an independent service provider.
Unless otherwise stated, packing and handling charges are payable separately.
Packing methods will be selected having regard to the nature, value, fragility and destination of the lot.
Cases, frames, boxes, stands and other packaging accompanying a lot are not necessarily suitable for transportation.
35. TRANSIT INSURANCE
Where transit insurance is offered, the scope of cover shall be determined by the applicable insurance policy.
Certain categories of property, destinations or circumstances may be excluded.
Where the Buyer arranges transport independently, responsibility for obtaining appropriate insurance rests with the Buyer.
36. STORAGE
Unless otherwise stated in the special conditions of an auction, Crest may provide complimentary storage for purchased lots for a maximum period of thirty (30) calendar days following the auction.
Thereafter Crest may:
- charge storage fees;
- charge insurance fees;
- charge handling fees;
- transfer the lot to external storage at the Buyer's expense.
Applicable charges may be communicated to the Buyer or published in the special conditions of the auction.
37. UNCOLLECTED LOTS
Where a lot is not collected within a reasonable period, Crest may notify the Buyer requiring collection to be arranged.
Subject to applicable law, Crest may thereafter:
- transfer the lot to external storage;
- recover the resulting charges;
- retain the lot until outstanding charges have been paid;
- following appropriate notice, arrange for the lot to be resold where legally permissible.
The proceeds of any such resale may be applied towards outstanding charges and sums due.
38. WITHDRAWAL OF A LOT BEFORE SALE
Crest may withdraw a lot before or during an auction where it reasonably considers this necessary, including where an issue arises concerning:
- ownership;
- authenticity;
- attribution;
- provenance;
- legality;
- title;
- export restrictions;
- sanctions;
- regulatory requirements;
- a catalogue error.
No prospective bidder shall be entitled to compensation merely because a lot has been withdrawn before being sold.
39. CANCELLATION AFTER SALE
To the extent permitted by law, Crest may cancel a sale after the auction where it reasonably determines, amongst other things, that:
- the lot may be stolen;
- the lot may have been unlawfully exported;
- title to the lot is materially defective;
- the transaction may breach applicable law or sanctions;
- the Buyer supplied materially false information;
- payment is fraudulent;
- a material error occurred during the auction;
- cancellation is required by a competent authority.
Where cancellation occurs without fault on the part of the Buyer, Crest's obligation shall, to the extent permitted by law, be limited to refunding the amounts actually received in respect of the relevant lot.
40. BIDDER'S RESPONSIBILITY BEFORE THE AUCTION
It is the responsibility of each prospective bidder to satisfy themselves before bidding as to any matter which they consider material, including:
- condition;
- attribution;
- authenticity;
- date;
- period;
- dynasty;
- origin;
- provenance;
- materials;
- dimensions;
- restoration;
- licensing requirements;
- taxation;
- importability.
Crest may, depending upon the circumstances, provide additional photographs, condition reports, photographs of marks, measurements or other information.
Prospective bidders may also appoint an independent specialist at their own expense.
41. LIMITATION OF LIABILITY
Nothing in these Conditions excludes or limits liability which cannot lawfully be excluded or limited under the laws of Hong Kong.
Subject to the foregoing, neither Crest nor the Seller shall be liable for indirect, special or consequential loss arising from the purchase, possession, use, resale or inability to use a lot.
Where Crest is legally liable in relation to a lot, Crest's liability shall, to the fullest extent permitted by law, be limited to the amount actually paid to Crest by the Buyer for that lot.
Nothing in these Conditions excludes liability arising from fraud, fraudulent misrepresentation, wilful misconduct or any other liability which cannot lawfully be excluded.
42. PHOTOGRAPHS AND INTELLECTUAL PROPERTY
Photographs, videos, catalogue texts, graphics, logos and other content created by Crest remain the property of Crest or the relevant rights holder.
Purchase of a lot does not transfer any copyright or reproduction rights which may subsist in the lot.
Crest's materials may not be reproduced for commercial purposes without prior written permission.
43. PERSONAL DATA
Crest may collect and process personal data for purposes including:
- auction registration;
- administration of bids;
- invoicing;
- payment processing;
- KYC procedures;
- anti-money laundering compliance;
- sanctions screening;
- fraud prevention;
- shipping;
- insurance;
- legal compliance;
- customer service;
- marketing communications where permitted.
Where necessary, such information may be disclosed to banks, payment providers, bidding platforms, insurers, carriers, professional advisers, technical service providers and competent authorities.
Personal data will be processed in accordance with applicable Hong Kong law and Crest's Privacy Policy.
44. RECORDINGS
Subject to applicable law, Crest may record auctions, telephone bids and certain communications for security, evidential, training and compliance purposes.
In the absence of manifest error, Crest's records and recordings may be relied upon in resolving disputes concerning bids or auction results.
45. FORCE MAJEURE
Crest shall not be liable for delay or failure to perform an obligation caused by circumstances reasonably beyond its control, including:
- natural disaster;
- fire;
- flood;
- epidemic;
- war;
- terrorism;
- civil disturbance;
- governmental action;
- international sanctions;
- customs restrictions;
- strikes;
- transport disruption;
- telecommunications failure;
- interruption of essential services.
Except where mandatory law provides otherwise, a force majeure event shall not relieve a Buyer of the obligation to pay for a lot already purchased.
46. COMMUNICATIONS AND NOTICES
Crest may communicate with a Buyer using the contact details provided during registration.
Communications may be made by email, telephone, SMS, electronic messaging or post.
The Buyer is responsible for keeping their contact information accurate and up to date.
Electronic communications shall constitute valid communications to the extent permitted by applicable law.
47. SEVERABILITY
If any provision of these Conditions is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
Where possible, the affected provision shall be interpreted or limited only to the extent necessary to make it lawful and enforceable whilst preserving its intended purpose.
48. NO WAIVER
Failure or delay by Crest in exercising any right shall not constitute a waiver of that right.
Any waiver must be express and shall apply only to the particular circumstances in respect of which it is given.
49. AMENDMENTS TO THESE CONDITIONS
Crest may amend these Conditions from time to time.
The applicable version shall be the version published or otherwise made available to bidders at the time of registration for the relevant auction.
Special conditions may apply to a particular auction, collection, category of property or individual lot.
In the event of inconsistency, the relevant special conditions shall prevail.
50. LANGUAGE
These Conditions may be published in English, Traditional Chinese, French or any other language.
For auctions conducted by Crest Auction House Hong Kong, the English-language version shall constitute the governing contractual version.
In the event of any inconsistency, discrepancy or ambiguity between different language versions, the English-language version shall prevail, subject always to any mandatory provision of applicable law.
51. GOVERNING LAW
These Conditions, all auctions conducted by Crest and all contractual and non-contractual obligations arising out of or in connection with them shall be governed by the laws of the Hong Kong Special Administrative Region.
52. JURISDICTION
Any dispute, claim or controversy arising directly or indirectly out of or in connection with an auction, sale, lot or these Conditions shall be subject to the jurisdiction of the courts of the Hong Kong Special Administrative Region.
Crest nevertheless reserves the right, where permitted by law, to bring proceedings against a Buyer in any other court of competent jurisdiction, including for the recovery of sums due or enforcement of a judgment.
53. CONTACT DETAILS
Crest Auction House Hong Kong
香港拍賣行
58 Cameron Road
Tsim Sha Tsui, Kowloon
Hong Kong SAR
Email: contact@hkcrest.com
Website: hkcrest.com
Viewings, valuations, consultations and collections are by appointment unless otherwise announced for a particular auction.
IMPORTANT NOTICE TO BIDDERS
EVERY BID IS BINDING UPON THE BIDDER.
By registering for an auction or placing a bid, you acknowledge that you have read, understood and accepted these Conditions of Sale together with any special conditions applicable to the auction or lot.
THE HAMMER PRICE DOES NOT INCLUDE THE BUYER'S PREMIUM.
The Buyer's Premium may vary according to the auction and the category of lots offered. The applicable rate or scale will be disclosed before bidding.
Additional platform charges, packing, shipping, insurance, storage, customs duties and taxes may also apply.
THE PRESENCE OF A REIGN MARK, SIGNATURE, SEAL, HALLMARK OR INSCRIPTION ON AN OBJECT DOES NOT, OF ITSELF, CONSTITUTE A GUARANTEE OF ITS DATE, PERIOD OR AUTHORSHIP.
Prospective bidders are responsible for inspecting or arranging the inspection of lots and requesting any additional information they consider necessary before bidding.
Payment must be made within the applicable payment period.
No lot will be released or dispatched until payment has been received and finally cleared and all required compliance procedures have been satisfactorily completed.
Times given for preparation, administrative formalities, dispatch and delivery are estimates only.