7 December 2020 • 13:00 EST • New York
7 December 2020 • 13:00 EST • New York
Please note that the results listed on this page are inclusive of Sotheby's Buyer's Premium and Overhead Premium, and exclusive of any applicable taxes and costs, unless otherwise noted.
Please note that the results listed on this page are inclusive of Sotheby's Buyer's Premium and Overhead Premium, and exclusive of any applicable taxes and costs, unless otherwise noted.
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Sotheby’s is proud to partner with Every Mother Counts (EMC), the nonprofit maternal health organization, by hosting their annual LoveEMC Auction, celebrating their 10-Year Anniversary. Online bidding is open from December 1-7, with more than 40 fabulous lots including fashion, travel, photography, jewelry, home décor and virtual experiences. This year’s auction will help raise critical funding to support EMC’s work to help make pregnancy and childbirth safe, respectful and equitable for every mother, everywhere.
EMC was founded by author and advocate, Christy Turlington Burns in 2010 following the completion of her first documentary film, No Woman, No Cry, focuses on maternal health issues in Guatemala, India and Tanzania. Christy’s interest in the subject matter was personal – in 2003, she had endured a pregnancy related complication after giving birth to her daughter, Grace, and was shocked to learn that literally hundreds of thousands of women and girls (more than half a million in 2003) were dying every year of complications from pregnancy or childbirth around the world, simply because they did not have access to trained providers and quality services. EMC has invested more than $17 million in grants, public education and raising awareness to improve maternal health outcomes for women around the world. The organization currently funds programs in eight countries.
Sotheby’s is honored to work with Every Mother Counts toward their goal of making pregnancy and childbirth safe, respectful and equitable for every mother, everywhere.
Following the guidelines for the Phase Four reopening of Manhattan, we are able to accommodate clients in our building by appointment only. The exhibition for this sale will open on 1 December and will close on 7 December at 5PM. To schedule an appointment please click here or contact appointmentsNY@sothebys.com or +1 212 606 7171. You can read more about our safety requirements here.
For assistance with bidding and registration, please contact:
+1 212 606 7000
For all enquiries please contact:
Senior Vice President
Luxury & Lifestyle Division
+1 212 894 1902
Please note that as of August 1st 2020, Overhead Premium, a fee payable by all auction buyers in our global salerooms and online sales, will be charged at 1% of the hammer price plus any applicable local taxes. It is an allocation of the overhead costs relating to our facilities, property handling and other administrative expenses. This fee and our Buyer’s Premium rates exclude local taxes and any applicable artist’s resale right.
Tue, 01 Dec 20 • 10:00 AM - 5:00 PM EST
Wed, 02 Dec 20 • 10:00 AM - 5:00 PM EST
Thu, 03 Dec 20 • 10:00 AM - 5:00 PM EST
Fri, 04 Dec 20 • 10:00 AM - 5:00 PM EST
Sat, 05 Dec 20 • 10:00 AM - 5:00 PM EST
Sun, 06 Dec 20 • 1:00 PM - 5:00 PM EST
Mon, 07 Dec 20 • 10:00 AM - 5:00 PM EST
CONDITIONS OF SALE
The following Conditions of Sale are the Experience Provider's and Sotheby’s, Inc.'s ("Sotheby's", “we”, “us”, or ”our”) entire agreement with the purchaser and any bidders ("you" or "your") relative to the Experiences listed in this catalogue and the related auction.
The Conditions of Sale, the glossary, if any, and the Experience Listing are subject to amendment by Sotheby's by the posting of such amendments on the Sotheby's website (www.sothebys.com).
By participating in the auction, you acknowledge that you are bound by these Conditions of Sale.
1. Defined Terms “Experience” means each experience listed in this catalogue and offered for sale by Experience Provider on the Sotheby's website; "Experience Listing" means, for each Experience, the catalogue description for such Experience; and “Experience Provider” means, for each Experience, the celebrity talent or personality fulfilling the Experience and any agent or representative thereof facilitating such fulfillment.
2. As Is Each Experience is sold “AS IS” without any representations or warranties of any kind by Sotheby’s or the Experience Provider. Without limiting the generality of the foregoing, Sotheby's and the Experience Provider expressly disclaim any express or implied representations or warranties of merchantability or fitness for a particular purpose, representations and warranties as to the condition, size, quality, rarity, importance, provenance, literature or historical relevance of an Experience, or as to the quality, accuracy, timeliness, non-infringing nature, completeness or reliability of any Experience Listing or other description of any Experience and any representations or warranties arising out of course of dealing or usage of trade. No statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. Sotheby's and the Experience Provider are not responsible for errors and omissions in any Experience Listing, any redemption voucher, glossary, or any supplemental material. Sotheby's does not plan, host, operate, or fulfill the Experience.
3. Overhead Premium A premium of 1% will be added to the hammer price and is payable by the purchaser as part of the total purchase price.
4. Costs and Expenses For each Experience, any incidental costs and expenses such as fees for telephone or Internet connectivity, and materials to be purchased in order to participate in the Experience are the sole responsibility of the purchaser.
5. Experiences Offered Sotheby's reserves the right to withdraw any Experience before, during and after the auction and shall have no liability whatsoever for such withdrawal. Sotheby's reserves the right to add new Experiences during the auction and shall have no liability whatsoever for additions.
6. Per Lot Unless otherwise stated, all bids are per lot as numbered in the catalogue.
7. Purchaser Eligibility You may only participate in the auction if you are eighteen (18) years of age or older and are not barred from participation under applicable law. Purchaser may be required to present satisfactory legal documentation that purchaser is at eighteen (18) years of age.
8. Bidding When you click on ‘Place a Bid’ on a lot, you will be prompted to either log in to your Sotheby’s account, or to create a Sotheby’s account if you do not already have one. Once you have either created an account or logged into your account, you will be presented with the Conditions of Sale for the auction in which that lot is offered. Once you have accepted the Conditions of Sale, you may proceed with placing a bid on that lot or any other lot in that auction. All bids placed in that auction are governed by the Conditions of Sale for that auction.
You may bid at or above the starting bid displayed on the online platform. You may also input a maximum bid which, upon confirmation, will be executed automatically up to this predefined maximum value in response to other bids, including bids placed by Sotheby’s on behalf of the seller, up to the amount of the reserve (if applicable). Bids placed by Sotheby’s on behalf of the seller, up to the amount of the reserve, will be counted toward the total bid count displayed on the online platform. The current leading bid will be visible to all bidders; the value and status of your maximum bid will be visible only to you, unless it is the leading bid. If the status of your bid changes, you will receive notifications via email and push (if you have the Sotheby’s App installed).
As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Neither Sotheby's nor the Consignor is responsible for any errors in bidding. We reserve the right to reject any bid. The highest bidder acknowledged by the Sotheby's online bidding system will be the purchaser. Sotheby’s has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
By participating in the sale, you represent and warrant that:
(a) The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”);
(b) Where acting as agent (with Sotheby’s prior written consent), the principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and
(c) The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
Sotheby’s reserves the right, in our sole discretion, to refuse your participation in the auction or to revoke your permission to participate before, during or after the sale. Bidders should also consult the Sotheby’s Website for the most up to date cataloguing of the Experience in this catalogue. Bidders are responsible for making themselves aware of all available notices, which will be posted online.
9. Closing Bidding Bids may be submitted from the start of the auction until bidding on the specific lot closes. An end time will be displayed for each lot on the lot detail page. Lots will close in one minute increments unless a bid is placed within 5 minutes of a lot’s scheduled end time, in which case we will extend the sale of that lot by 5 minutes from the time of the last bid. The extension of any one lot’s closing time does not affect any other lot’s closing time; therefore, it is possible that lots will close out of numerical lot order. Upon the closing of each lot, you will receive another email and push notification indicating whether you have won or lost each lot on which you have placed a bid.
10. Cancelling Bids A bidder may cancel a bid placed in an online-only sale only if either (a) the Experience Listing has been materially revised after the bid was placed or (b) a notice regarding the lot has been posted on Sotheby’s website after the bid was placed. For further information, please contact the Sotheby’s Bids Department in New York at email@example.com.
11. Record of Sale The record of sale kept by Sotheby's will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Sotheby's, the record of sale will govern.
Successful bidders will be notified and invoiced by Sotheby's after the sale. In the event of any discrepancy between any online purchase information and the invoice sent to you by Sotheby's following the sale, the invoice prevails.
12. Purchaser’s Responsibility Subject to fulfillment of all of the conditions set forth herein, at the close of a lot, the contract between the Experience Provider and the purchaser is concluded, and the winning bidder is required to pay the full purchase price no later than five (5) business day after our issuance of an invoice. Business day means any day other than a Saturday, Sunday or a day that is a federal holiday in the United States. Experience fulfillment will not occur unless Sotheby's has timely received the full purchase price in cleared funds. The purchaser’s obligation to pay the full purchase price no later than five (5) business day after our issuance of an invoice is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. In addition to other remedies available to Sotheby's by law, Sotheby's reserves the right to impose from the date of sale a late charge of the annual percentage rate of Prime + 6% of the hammer price if payment is not made in accordance with the conditions set forth herein. Please note Sotheby’s reserves the right to refuse to accept payment from a source other than the purchaser of record.
If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to Sotheby's and the Experience Provider by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, Sotheby's, at Sotheby's option, may (x) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or (y) resell the purchased Experience, whether at public auction or by private sale, or (z) effect any combination thereof.
In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, Sotheby's commissions on both sales at Sotheby's regular rates, legal fees and expenses, collection fees and incidental damages. Sotheby's may, in Sotheby's sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from Sotheby's or any affiliated company, or any payment made by the purchaser to Sotheby's or any affiliated company, whether or not intended to reduce the purchaser’s obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to Sotheby's or any affiliated companies. In addition, a defaulting purchaser will be deemed to have granted and assigned to Sotheby's and Sotheby's affiliated companies, a continuing security interest of first priority in any property or money of or owing to such purchaser in Sotheby's possession, custody or control or in the possession, custody or control of any of Sotheby's affiliated companies, in each case whether at the time of the auction, the default or if acquired at any time thereafter, and Sotheby's may retain and apply such property or money as collateral security for the obligations due to Sotheby's or to any affiliated company of Sotheby's. Sotheby's shall have all of the rights accorded a secured party under the New York Uniform Commercial Code. You hereby agree that Sotheby’s may file financing statements under the New York Uniform Commercial Code without your signature. Payment will not be deemed to have been made in full until Sotheby's has collected good funds. Unless otherwise directed by Sotheby's, any claims relating to any purchase, including any claims under the Conditions of Sale, must be presented directly to Sotheby’s. In the event the purchaser fails to pay any or all of the total purchase price for any lot and Sotheby’s nonetheless elects to advance by or on behalf of the Experience Provider any portion of the sale proceeds, the purchaser acknowledges that Sotheby’s shall have all of the rights of the Experience Provider to pursue the purchaser for any amounts paid to or on behalf of the Experience Provider, whether at law, in equity, or under these Conditions of Sale.
13. Reserve Each Experience will be offered without reserve and will be sold to the highest bidder acknowledged by the Sotheby's online bidding system who has submitted a bid equal to or in excess of $50.00. If a bid of at least $50.00 is not received, potential bidders may contact Sotheby’s after the auction has ended to make an offer.
14. Sales Tax and Value Added Tax (“VAT”)
U.S. Sales and Use Tax Unless exempted by law, the purchaser will be required to pay U.S. state and local sales/use tax on the hammer price and buyer’s premium if applicable, based on the location in the United States where the Experience will be fulfilled, or the location where any tangible personal property will be delivered, in states where Sotheby’s is registered to collect sales/use tax.
VAT Where the Experience Provider is required to charge VAT on the value of the Experience this will be collected from the purchaser on the Experience Provider’s behalf by Sotheby’s. Where VAT is applied, if the buyer should require a VAT invoice we can arrange for this to be forwarded to you.
15. Charity For each Experience, the hammer price actually received by Sotheby’s for the Experience will be paid to Every Mother Counts (“Charity”). Tax will be charged on the total purchase price.
16. Governing Law and Jurisdiction These Conditions of Sale, as well as bidders’, the purchasers', Sotheby's, and Experience Providers’ respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New York. All parties agree, however, that Sotheby’s shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of New York.
17. Limitation of Liability In no event will the aggregate liability of Sotheby’s and the Experience Provider to a purchaser exceed the purchase price actually paid.
Sotheby's will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by (i) a loss of connection to the internet or the Sotheby's online platform software by either Sotheby's or the bidder; (ii) a breakdown or problem with Sotheby's online platform software; or (iii) a breakdown or problem with a client's internet connection, mobile network or computer.
Links to any third-party websites or resources contained in the Experience Listings or any other descriptions of the Experience or in any redemption vouchers are provided only as a convenience. You acknowledge that the Experience will be fulfilled virtually and that such fulfillment will require you and any participant to use a third-party online platform. Neither Sotheby’s nor the Experience Provider is responsible for the content, products or services on or available from any such websites or platforms or for links displayed on such third-party websites or platforms. Neither Sotheby’s nor the Experience Provider is responsible for any hacking of any such website or platforms. Sotheby’s and the Experience Provider expressly disclaim that the any such website or platform will be free of viruses or other harmful components. You and each participant acknowledge responsibility for and assume all risk arising out of or in connection with your use of any third-party websites or platforms.
Purchaser acknowledges and agrees that purchaser assumes the entire risk arising out of or in connection with purchaser's purchase of and purchaser’s and any participant’s participation in an Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience.
Without limiting the generality of the foregoing, neither Sotheby's nor the Experience Provider will be liable for any incidental, punitive, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services or for any injury, damage or harm to any person or entity or to real or personal property, financial or physical loss, death, inconvenience or delay arising out of or in connection with purchaser's purchase of or purchaser or participant’s participation in any Experience or otherwise arising out of or in connection with the fulfillment of a purchased Experience, in each case whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not such person or entity has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Sotheby's explicitly disclaims and you release Sotheby’s from any and all liability for any act or omission of any Experience Provider. Sotheby's cannot control purchaser's or any participant's interaction with any Experience Provider or third party and Sotheby's expressly disclaims and you release Sotheby’s from any liability arising out of or in connection with such interaction.
18. Assignment No party may assign or transfer these Conditions of Sale or any rights or obligations hereunder, by operation of law or otherwise, without Sotheby's prior written consent. Any attempt to so assign or transfer without such consent will be null and void and of no force or effect. Notwithstanding the foregoing, Sotheby's may freely assign or transfer these Conditions of Sale or any of its rights or obligations hereunder without restriction. Subject to this Section 18, these Conditions of Sale will bind and inure to the benefit of the parties, their successors and permitted assigns.
Sotheby's will share participant information with the Experience Provider for purposes of the fulfillment of the Experience. Experience Provider may use participant’s information in connection with the fulfillment of the Experience and in accordance with any of Experience Provider's applicable policies and procedures.
20. Background checks Sotheby’s and the Experience Provider reserve the right to conduct either by itself, or through third party service providers, background checks on you as a purchaser and/or any participants, including criminal background checks. Experience Provider may communicate the findings of any such background check to Sotheby's. You agree to provide any required or applicable signed consents, within one (1) business days from the time Sotheby's contacts you (unless a shorter time is required), to enable Experience Provider or Experience Provider’s third-party service providers to conduct such background checks. This information may include your date of birth and social security number.
21. Participants Subject to the Experience Listing and these Conditions of Sale, the purchaser may offer third parties an opportunity to participate in an Experience (the purchaser, if participating, or any third parties invited by the purchaser to participate in the experience, a “participant”). Whether or not the purchaser is a participant, purchaser shall remain Sotheby’s sole point of contact with respect to scheduling and fulfillment of the Experience. Purchaser is responsible for any breach by any participant of these Conditions of Sale or of any restrictions set forth in any Experience Listing. Participants (other than purchaser) are not third-party beneficiaries under these Conditions of Sale.
In order to participate in an Experience, all participants must be eighteen (18) years of age or older and must not be barred from participation under applicable law. Participants may be required to present satisfactory legal documentation with respect to their age. In addition, all other requirements and restrictions and disclaimers governing purchaser's ability to participate in an Experience also apply to all participants. By way of example, if an Experience requires that a background check be performed on the purchaser, all participants must also undergo a background check. If the Experience Provider is not satisfied with the results of the background check, the participant cannot participate in the Experience.
22. No Resale. Experiences cannot be resold. Neither the Purchaser nor any participant is permitted to offer participation in any portion of the Experience for sale.
23. Intellectual Property. As between the Experience Provider, on the one hand, and the purchaser and any purchaser participants, on the other hand, purchaser and each participant agree that the Experience Provider is and shall remain the exclusive owner of all patent, copyright, trade secret, trademark and other intellectual property rights (including name and likeness) in the Experience and the Experience Provider. No license or conveyance of any such rights to purchaser or any participant is granted or implied under these Conditions of Sale or in connection with the fulfillment of the Experience. Neither the purchaser nor any participant is permitted to record, take images of, reproduce, perform publicly, display, transmit, broadcast distribute, all or any portion of the Experience or create derivative works of or based on the Experience. For certain Experiences, participants may receive from the Experience Provider tangible property (such as artwork) or a copy of a musical recording. Such tangible property or recording is subject to the intellectual property rights of third parties, including the Experience Provider and it is the purchaser and any participants responsibility to determine what use is permitted. For the avoidance of doubt, neither you nor any participant may take images of, reproduce, perform publicly, display, transmit, broadcast distribute, all or any portion of such tangible property or recording or create derivative works of or based on such tangible property or recording without obtaining the necessary consents.
24. Additional Agreements Experience Provider may require any purchaser or any participant to enter into an agreement with the Experience Provider. Purchaser acknowledges that if purchaser or any participant fails to do so, purchaser and/or such participant may not be able to participate in the Experience and purchaser may not receive a refund or exchange for the purchase of the Experience. Purchaser and any participants may be required to sign and return a waiver and liability release before purchaser or any participant can participate in an Experience.
25. Experience Scheduling and Fulfillment
Sotheby’s will assist you with the scheduling of the Experience and will act as a liaison between you and the Experience Provider. Experiences cannot be scheduled until Sotheby’s has received full payment of the total purchase price. Experiences must be fulfilled by June 30, 2020, unless otherwise agreed by Sotheby’s, the Experience Provider and the purchaser. Purchaser understands that the Experience Provider may reschedule the experience to accommodate health and safety needs and concerns A representative from Sotheby’s and/or the Charity may be a silent participant during the fulfillment.
Purchaser agrees that it and all participants will abide by all rules and restrictions governing the Experience and set forth in these Conditions of Sale and the Experience Listing, including (but not limited to) adhering to the restrictions placed on the maximum number of participants and prohibitions on recording the Experience.
You understand that Sotheby’s and the Experience Provider reserve the right to cancel the Experience at any time (including during fulfillment): (a) if in Sotheby’s or the Experience Provider’s judgement, the Experience or the fulfillment of the Experience has subjected or may subject Sotheby’s, the Charity or the Experience Provider to any liability, (b) if in Sotheby’s or the Experience Provider’s judgement, the Experience or the fulfillment of the Experience has subjected or may subject Sotheby’s, the Charity or the Experience Provider to any injury, damage or harm, or (c) if the purchaser or any participant does not comply with any requirements noted in these Conditions of Sale or the Experience Listing, including (but not limited) appropriately responding to any information requests or failing to enter into any additional agreements as requested by Sotheby’s or the Experience Provider, or (d) due to the results of any background check or other diligence check on the purchaser or any participant. In the event the sale of an Experience is cancelled for any of the foregoing reasons, Sotheby’s just determine whether the purchaser is entitled to a refund of the purchase price paid based on the applicable facts and circumstances.
Sotheby’s reserves the right to cancel the Experience at any time (including during fulfillment): if in Sotheby’s judgment, (i) Experience Provider cancels or fails to fulfill the Experience; or (ii) Experience Provider fails to fulfill the Experience in accordance with the Experience Listing. In the event the sale of an Experience is cancelled for any of the foregoing reasons, the purchaser will be refunded the purchase price paid.
26. EU Cancellation Right The Consumer Rights Directive (Directive 2011/83/EU) and related regulations implemented by the European Union (“EU”) member states (the “Regulations”) give bidders who are consumers and are habitually resident within an EU member state (an “EU Bidder”) who purchase goods and services online or otherwise “at a distance” certain cancellation rights under the Regulations.
In accordance therewith, an EU Bidder who purchases an Experience during the sale from a seller that is a trader has the right to cancel the contract for any reason and without incurring liability, from the date of their purchase of the Experience until the earlier of (i) completion of the Experience, and (ii) fourteen days after the day on which the EU Bidder receives the e-Voucher for the Experience (the “e-Voucher Cancellation Period”). Please note that in addition to the e-Voucher Cancellation Period, where an Experience includes the provision of goods to the EU Bidder which are tailor made in accordance with the EU Bidder’s request, the e-Voucher Cancellation Period will also end at the time the goods are being assembled in accordance with the EU Buyers request, if earlier.
To exercise the right to cancel, the EU Bidder must inform Sotheby’s, Inc. at: Post Sale Services, 1334 York Avenue, New York, NY 10021; telephone: +1 212 606 7444; fax: +1 212 606 7043; firstname.lastname@example.org; of its decision to cancel the contract for the purchase of the Experience by a clear statement (e.g. a letter sent by post, fax or email) or using the model cancellation form, a copy of which can be obtained from Sotheby’s, Inc. at the address noted above (in each case, a “Cancellation Request”).
In order to meet the applicable cancellation deadline, the EU Bidder is required to send his/her communication concerning the exercise of the cancellation right to Sotheby’s before the Voucher Cancellation Period has expired.
If an EU Bidder cancels the contract for the purchase of an Experience within the applicable Voucher Cancellation Period, Sotheby’s Inc. will reimburse the EU Bidder all payments received from them, unless the EU Buyer has already initiated the Experience, in which case Sotheby’s will make a pro-rata reimbursement in respect of any unused parts of the Experience. Sotheby’s Inc. will make the reimbursement without undue delay, and not later than 14 calendar days after we have received the EU Bidder’s Cancellation Request. Sotheby’s Inc. will make the reimbursement using the same means of payment as used by the EU Bidder for the initial transaction, unless the EU Bidder have expressly agreed otherwise; in any event, the EU Bidder will not incur any fees as a result of the reimbursement. Model form of cancellation – sale of goods/provision of services
Model Cancellation Form (for EU Buyers only and subject to the seller being a trader):
To: Sotheby’s Inc. in New York
I/We* hereby give notice that I/We* cancel my/our sale of the following Experience:
Ordered on [*]/ Voucher received on [*],
Name of Online Consumer(s):
Address of Online Consumer(s):
Signature of Online Consumer(s) [only if the notification is in hard copy]
[*] Delete as appropriate
BUYING AT AUCTION
The following will help in understanding the auction buying process as well as some of the terms commonly used in an auction catalogue. All bidders should read the Conditions of Sale in this catalogue, as well as the Glossary, if any, or any other notices. By bidding in the auction, bidders are bound by the Conditions of Sale, as amended by notices, which together form the sale contract among Sotheby’s, the seller (Experience Provider) of the Experience and any bidders, including the purchaser.
1. SYMBOL KEY
⊻ Interested Parties
Lots with this symbol indicate that parties with a direct or indirect interest in the lot may be bidding on the lot, including (i) the beneficiary of an estate selling the lot, or (ii) the joint owner of a lot. If the interested party is the successful bidder, they will be required to pay the total purchase price. In certain instances, interested parties may have knowledge of the reserve.
† These Experiences will be sold under the normal UK VAT rules and VAT will be charged at the standard rate on the hammer price. If any goods are supplied and are exported outside the EU no VAT will be charged. Where an Experience is provided to a person resident outside the EU no VAT will be charged. Please note that any VAT charged is because the supplier has a legal obligation to do so, and that it is payable to HMRC.
* For these Experiences UK VAT at 20% is due on the hammer price of this lot regardless of where the winning bidder resides, unless the winning bidder can prove that the purchase has been made for the purposes of a registered business carried on by them. The supplier is required by local law to make this charge and the VAT collected will be paid to HMRC in the UK. A tax invoice is available from the Experience Provider if requested.
2. DURING THE AUCTION
The Catalogue The catalogue will be available online at the start of the auction and is available throughout the auction.
Estimates Each lot in the catalogue is given a low and high estimate, indicating to a prospective buyer a range in which the lot might sell at auction. The estimates are subject to change upon further research of the Experience, or to reflect market conditions or currency fluctuations. Estimates should not be relied upon as a representation or prediction of actual selling prices.
Additional Information Prospective bidders may be interested in specific information not included in the catalogue description of a lot. For additional information, please contact email@example.com or Sotheby’s Client Services Department at firstname.lastname@example.org.
Notices Notices amend the catalogue description of a lot after the catalogue has been published on the Sotheby's website. Please take note of them.
Security for Bid Sotheby’s may require such necessary financial references, guarantees, deposits and/or such other security, in its absolute discretion, as security for your bid. If you are not successful on any lot, Sotheby’s will arrange for a refund (subject to any right of set off) of the deposit amount paid by you without interest within 14 working days of the last day of the sale. Any exchange losses or fees associated with the refund shall be borne by you.
The Auction Unless otherwise noted in the catalogue or by a notice posted on the Sotheby's website, Sotheby’s does not permit the seller to bid on his or her own Experiences.
Bidding If you would like to bid, you must have a Sotheby's online account. Sotheby's reserves the right, in its sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during or after the sale. All lots sold will be invoiced to the name and address registered for the bid and cannot be transferred to other names and addresses. Sotheby’s reserves the right to refuse to accept payment from a source other than the buyer of record. For information about registering to bid please visit the Sotheby's website.
Employee Bidding Sotheby’s employees may bid in the auction if the employee fully complies with Sotheby’s internal rules governing employee bidding.
Hammer Price and the Buyer’s Premium For lots which are sold, the last price for a lot noted by the Sotheby’s online bidding system is the hammer price. A buyer’s premium will be added to the hammer price and is payable by the purchaser as part of the total purchase price. The buyer’s premium will be the amount stated in the Sotheby’s Conditions of Sale.
3. AFTER THE AUCTION
Payment If your bid is successful, your invoice will be e-mailed to you. The total purchase price for each lot is determined by adding to the hammer price the buyer’s premium, any other applicable charges and applicable VAT the Experience Provider may require us to collect on their behalf or applicable sales or compensating use tax which is calculated based on the hammer price, the buyer’s premium and any other applicable charges for the state where the Experience will be fulfilled or where any tangible personal property will be delivered. Payment of the total purchase price is due no later than five (5) business day after our issuance of an invoice. Please note that Sotheby’s will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and Sotheby’s prior to the sale.
Payment by Cash It is against Sotheby’s general policy to accept payments in the form of cash or cash equivalents.
Payment by Credit Cards
Sotheby’s accepts payment by credit card for Visa, MasterCard, and American Express only. Credit card payments may not exceed $50,000 per sale. Payment by credit card may be made (a) online at https://www.sothebys.com/en/invoice-payment.html, (b) by calling in to Post Sale Services at +1 212 606 7444, or (c) through the Sotheby’s App, or (d) in person at Sotheby's premises when Sotheby’s New York office reopens).
Payment by Check Sotheby’s New York office is currently closed until further notice. During such closure, Sotheby’s cannot accept payment by check (including, but not limited to, personal, certified, banker’s draft or cashier’s checks).
Payment by Wire Transfer To pay for a purchase by wire transfer, please refer to the payment instructions on the invoice provided by Sotheby’s or contact Post Sale Services to request instructions.
Sales and Use Tax Sales/use tax, when applicable, is charged on the hammer price, buyer’s premium and any other applicable charges for the state where the Experience will be fulfilled or where any tangible personal property will be delivered, regardless of the state or country in which the purchaser resides or does business. Please refer to “Information on Sales and Use Tax Related to Purchases at Auction” in the back of the catalogue.
Value Added Tax (“VAT”) VAT Where the Experience Provider is required to charge VAT on the value of the Experience this will be collected from the purchaser on the Experience Provider’s behalf by Sotheby’s. Where VAT is applied, if the buyer should require a VAT invoice we can arrange for this to be forwarded to you.
Post Sale Services
+ 1 212 606 7444
FAX: + 1 212 606 7043
Once your payment of the total purchase price has been received and cleared, Sotheby’s shall provide you the information necessary to redeem and schedule your Experience.
SELLING AT AUCTION
If you have property you wish to sell, Sotheby’s team of specialists and client services representatives will assist you through the entire process. Simply contact the appropriate specialist (specialist departments are listed in the back of this catalogue), General Inquiries Department or a Sotheby’s regional office representative for suggestions on how best to arrange for evaluation of your property.
Property Evaluation There are three general ways evaluation of property can be conducted:
(1) In Sotheby's galleries
You may bring your property directly to Sotheby's galleries where Sotheby's specialists will give you auction estimates and advice. There is no charge for this service, but Sotheby's requests that you telephone ahead for an appointment. Inspection hours are 9:30 am to 5 pm, Monday through Friday.
(2) By photograph
If your property is not portable, or if you are not able to visit Sotheby's galleries, you may bring in or send a clear photograph of each item. If you have a large collection, a representative selection of photographs will do. Please be sure to include the dimensions, artist’s signature or maker’s mark, medium, physical condition and any other relevant information. Sotheby's specialists will provide a free preliminary auction estimate subject to a final estimate upon first-hand inspection.
(3) In your home
Evaluations of property can also be made in your home. The fees for such visits are based on the scope and diversity of property, with travel expenses additional. These fees may be rebated if you consign your property for sale at Sotheby’s. If there is considerable property in question, Sotheby's can arrange for an informal “walkthrough.”
Once your property has been evaluated, Sotheby’s representatives can then help you determine how to proceed should you wish to continue with the auction process. They will provide information regarding sellers’ commission rates and other charges, auction venue, shipping and any further services you may require.
Sotheby’s also offers a range of other services to Sotheby's clients beyond buying and selling at auction. These services are summarized below. Further information on any of the services described below can be found at sothebys.com.
Valuations and Appraisals Sotheby’s Valuations and Appraisals Services offers advice regarding personal property assets to trusts, estates, and private clients in order to help fiduciaries, executors, advisors, and collectors meet their goals. Sotheby's provides efficient and confidential advice and assistance for all appraisal and auction services. Sotheby’s can prepare appraisals to suit a variety of needs, including estate tax and planning, insurance, charitable contribution and collateral loan. Sotheby's appraisals are widely accepted by the Internal Revenue Service, tax and estate planning professionals, and insurance firms. In the event that a sale is considered, Sotheby's is pleased to provide auction estimates, sales proposals and marketing plans. When sales are underway, the group works closely with the appropriate specialist departments to ensure that clients’ needs are met promptly and efficiently.
Financial Services Sotheby’s offers a wide range of financial services including advances on consignments, as well as loans secured by art collections not intended for sale.
Museum Services Tailored to meet the unique needs of museums and non-profits in the marketplace, Museum Services offers personal, professional assistance and advice in areas including appraisals, deaccessions, acquisitions and special events.
Corporate Art Services Devoted to servicing corporations, Sotheby’s Corporate Art Services Department can prepare appraisal reports, advise on acquisitions and deaccessions, manage all aspects of consignment, assist in developing arts-management strategies and create events catering to a corporation’s needs.
INFORMATION ON SALES AND USE TAX RELATED TO PURCHASES AT AUCTION
To better assist Sotheby's clients, Sotheby's has prepared the following information on Sales and Use Tax related to Experiences purchased at auction.
Why Sotheby’s Collects Sales Tax Virtually all State Sales Tax Laws require a corporation to register with the State’s Tax Authorities and collect and remit sales tax if the corporation maintains a presence within the state, such as offices. In the states that impose sales tax, Tax Laws require an auction house, with a presence in the state, to register as a sales tax collector, and remit sales tax collected to the state. Sales tax is charged on the hammer price, buyer’s premium and any other applicable charges on certain taxable services where fulfilled, or on any tangible personal property where delivered, regardless of the state or country in which the purchaser resides or does business. “Taxable services” are defined as the hammer price of the Experience.
Where Sotheby’s Collects Sales Tax Sotheby’s is currently registered to collect sales tax in the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming.
Services Rendered by Experience Provider If taxable services are rendered in any state in which Sotheby’s is registered, Sotheby’s is required by law to collect and remit the appropriate sales tax in effect in the state where the services are rendered.
Where Sotheby’s is Not Required to Collect Sales Tax Sotheby’s is not required to collect sales tax on services rendered in states other than those listed above. If the services are rendered in a state where Sotheby’s is not required to collect sales tax, it is the responsibility of the purchaser to self-assess any sales or use tax and remit it to taxing authorities in that state, if applicable. Sotheby’s is not required to collect sales tax for services rendered outside of the United States.
No-Resale Exemption. Re-sale exemption certificates will not be accepted for this auction.
Local Tax Advisors As sales tax laws vary from state to state, Sotheby’s recommends that clients with questions regarding the application of sales or use taxes to services rendered in connection with the Experiences purchased at auction seek tax advice from their local tax advisors.