Participation in any auction on the Hodgins Halls Auction Group bidding website (the “Site”) is subject to the Terms and Conditions set by Hodgins Halls Auction Group (Hodgins Art Auctions Ltd. and/or Hall’s Auction Services Ltd.), the “Auctioneer”. The Auctioneer reserves the right to periodically modify the Terms and Conditions and it is the responsibility of the bidder to review and accept the Terms and Conditions prior to each auction registration.

1. Bidders are required to create an account on the Site and register to participate in any auction. All bidder information must be current, complete, and accurate. Bidders must be 18 years of age or older. A bidder will be suspended or permanently banned from the Site for providing false or fraudulent information (i.e. name, contact/mailing information, credit card).

2. A bidder is solely responsible for the security of the username and password on their bidding account, and for all bids placed on this account.

3. The Auctioneer reserves the right to refuse or rescind the registration of any bidder, and/or to refuse to recognize any or all bids from any bidder prior to or during an auction.

4. The Auctioneer reserves the right to pause, suspend, delay, or restart any auction in the event of technical difficulties or internet outage.

5. Although the Auctioneer takes great care and diligence in the cataloguing of lots offered for auction, all property is sold “as is”. All bidders are deemed responsible for informing themselves as to the condition, description accuracy and authenticity of lots, and a sale will not be rescinded on any grounds.

The Auctioneer does not include condition notes in the description of the lots. Bidders can inspect auction lots in person during the scheduled preview times. Photographs are provided as a guide to condition, and it is recommended that bidders review these closely. The Auctioneer will provide detailed condition reports upon request.

By placing a bid on the Site, you agree that you have either inspected the respective lot or have waived your right to do so.

6. Auction purchases are subject to a 20% Buyer’s Premium on the bid (hammer) price.

7. Each item offered for auction is subject to a start price (minimum bid), below which the lot will not be sold.

8. By placing a bid on the Site, a bidder is making an offer to purchase the lot. A winning bid constitutes a contract to purchase the lot. A winning bidder who defaults on a purchase may be subject to suspension, permanent ban, or legal action.

9. The Auctioneer reserves the right to set a maximum credit card transaction limit on any auction or purchaser.

10. If the purchaser fails to pay for any lot within seven (7) days of the auction date, the Auctioneer may, without limitation of their rights against the buyer, resell any of the articles affected. In such case, the original buyer shall be responsible to the Auctioneer for:
(a) any deficiency in price between the re-sale amount and the amount that was due by the original buyer;
(b) any reasonable charge by the Auctioneer for the storage of such articles until payment and removal by the subsequent buyer;
(c) the amount of commission to which the Auctioneer would have earned had payment been made in full by the original buyer.

The Auctioneer shall not be liable for any loss or damage of any kind to the lot(s) after the expiration of seven (7) days from the date of the sale.

11. All auction purchases are subject to Goods and Services Tax (GST) on the bid (hammer) price and Buyer’s Premium.

Harmonized Sales Tax (HST), in rates applicable to the purchasing province, will apply unless the purchaser takes legal possession of purchases within Alberta. If a purchaser from an HST eligible province arranges their own shipping, then legal delivery is deemed to have occurred within Alberta and only GST shall apply.

It is the responsibility of the buyer to make all arrangements for packing, insuring, and transportation of purchased property. Any assistance or recommendation from the Auctioneer regarding third-party packing and/or transportation services is rendered as a courtesy and without any liability.

12. The buyer will comply with all laws and regulations regarding bidding, purchases, and transport of goods.

Wine and Spirits: The amount and/or type of alcoholic beverages purchased and transported to another province, state or country may be limited or entirely prohibited. The buyer is responsible for compliance with all applicable tax laws, duties and exportation/importation requirements. Each buyer represents and warrants that he or she will ensure that any purchased lots to be shipped will not be delivered to or received by any persons less than 18 years of age.

The purchaser(s) acknowledges that certain properties of Canadian cultural import may be subject to the provisions of Cultural Property Import and Export Act of Canada and/or the Convention on International Trade in Endangered Species of Wild Fauna and Flora Agreement (CITES)

13. As a result of your participation in our online auction, or by inclusion on our mailing and e-mail notification list, we may have collected some or all the following personal information: name, address, postal/zip code, telephone number, e-mail address, and credit card information. This information will only be used by the Auctioneer to provide you with information regarding our products and services, namely upcoming auctions, and events. The Auctioneer does not sell or rent this information.

14. This agreement comprises the entirety of the contract between the Auctioneer and the bidder and/or purchaser. The Auctioneer shall not be held liable for any representations not made in writing herein. This agreement shall be governed in accordance with the laws of the Province of Alberta. In the event of a dispute hereunder, the Buyer agrees to submit to the exclusive jurisdiction of the provincial courts and the federal courts sitting in the Province of Alberta.

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