Buyer's Terms & Conditions

Buyer’s Terms and Conditions of Sale

1001359482 Ontario Ltd. operating as Bloch Bauers Gallery of Fine Art
104-222 McIntyre Street West (Kennedy Building), North Bay, Ontario

Important

A buyer’s premium of 20% is added to the hammer price of every lot as part of the purchase price.

A charge of 13% HST (Harmonized Sales Tax) applies to the hammer price plus the buyer’s premium. Purchases exported from Canada may be zero-rated only where the Gallery determines that the applicable legal and documentary requirements are met. Otherwise, applicable GST/HST is charged. Where purchases are shipped outside Ontario, GST/HST is applied according to the place-of-supply rules for the destination province, as determined at checkout.

Payment is due in full within 48 hours of the close of the sale.

All transactions are conducted in Canadian dollars (CAD).

By placing a bid, you accept these Buyer’s Terms and Conditions of Sale. These terms, together with any glossary, condition report, or posted announcement, form the contract of sale between the successful bidder (the buyer), Bloch Bauers Gallery of Fine Art (the Gallery), and the consignor (the seller) of the lot.

How our auctions work

Our auctions are timed online sales held through our website. To bid, you register for an account and place bids on individual lots before they close.

Lots close at their scheduled times. If a bid is placed in the final moments before a lot closes, the closing time for that lot may be extended briefly to give other bidders a fair chance to respond. The highest bid accepted when a lot closes wins that lot, subject to any reserve. Winning bidders are notified automatically by email once the sale ends.

A lot may carry an unpublished reserve, which is the minimum price the consignor will accept. If bidding does not meet the reserve, the lot may go unsold.

Condition of lots

Unless otherwise noted in the catalogue description or a condition report, lots may show age-related wear, handling marks, surface wear, discolouration, prior restoration, framing wear, or other characteristics consistent with age, material, and use.

Sizes are approximate. Frames are included only as a courtesy unless expressly stated otherwise, and are not considered part of the artwork’s condition assessment or value.

Every lot is sold “as is.” Descriptions and photographs are statements of opinion offered in good faith and are not warranties. It is the responsibility of each bidder to satisfy themselves as to the condition of a lot before bidding. Condition reports are available on request by phone, email, or in person, and we ask that you make any such request well in advance of the close of the sale.

Payment

We accept the following payment methods:

Cash (in person)
Debit and credit card, including through Square
Interac e-Transfer
ACH / pre-authorized debit

A processing fee may apply to certain credit card payments where permitted by law and card-network rules. No fee applies to cash or Interac e-Transfer.

Payment is due in full within 48 hours of the close of the sale. The buyer does not become the owner of a lot until it is paid for in full. If payment is not made within this period, the Gallery may, at its sole discretion, cancel the sale, with or without re-offering the lot.

Collection and shipping

We recommend collecting your purchase in person at the gallery. Our team is glad to have your lots ready and to answer any questions when you arrive.

We are also happy to ship your purchase and will coordinate shipping arrangements with you directly. The buyer is responsible for all shipping and insurance costs. Any assistance the Gallery provides with packing or shipping is offered as a courtesy and without liability.

Lots must be collected, or shipping arranged, within 14 days of the close of the sale. After 14 days, storage charges of 2% of the invoice total per month, with a minimum of $50, may be applied.

Conditions of Sale

Each lot purchased is subject to a buyer’s premium of 20% on the hammer price, added as part of the purchase price.
Unless exempted by law, the buyer is required to pay applicable GST/HST on the total purchase price, including the buyer’s premium. Purchases exported from Canada may be zero-rated only where the Gallery determines that the applicable legal and documentary requirements are met; otherwise applicable GST/HST is charged. Purchases shipped outside Ontario are taxed according to the place-of-supply rules for the destination province.
The Gallery reserves the right to withdraw any lot from sale at any time, and to divide or combine lots at its sole discretion, all without notice.
Each lot may be subject to an unpublished reserve, which may be changed at any time by agreement between the Gallery and the consignor.
The highest bid accepted when a lot closes shall be the buyer, subject to any reserve. That buyer assumes full risk and responsibility for the lot and must comply with these Conditions of Sale. If any dispute arises, the Gallery has sole discretion to determine the buyer, to withdraw the lot, or to re-offer it at the same or a later sale. The Gallery’s decision is final.
Payment is due in full within 48 hours of the close of the sale. The buyer does not become the owner of a lot until it is paid for in full. If payment is not made within this period, the Gallery may, at its sole discretion, cancel the sale, with or without re-offering the lot.
Each lot purchased is held by the Gallery at the sole risk of the buyer until it is fully paid for and removed.
Lots must be collected, or shipping arranged, within 14 days of the close of the sale. After 14 days, storage charges of 2% of the invoice total per month, with a minimum of $50, may be applied.
Any lot not collected, and for which shipping has not been arranged, within ninety (90) days of the close of the sale may be treated as abandoned. The Gallery may then dispose of or resell the lot and apply the proceeds against any amounts owing, without further notice and without liability to the buyer.
All lots are sold “as is.” Descriptions are statements of opinion made in good faith and do not constitute a representation or warranty. The absence of a reference to a defect does not imply that a lot is free of defects, and a reference to one defect does not imply the absence of others. It is the responsibility of each bidder to inspect, or arrange the inspection of, every lot before bidding and to bid accordingly.
The Gallery makes no representation or warranty as to the authenticity, authorship, attribution, origin, date, age, provenance, or condition of any lot unless expressly stated in writing. Any such statement is an expression of opinion only.
The Gallery may correct any error in a lot description, image, estimate, lot number, reserve, or closing time at any time before a lot closes. Where practical, material corrections will be announced or posted.
If the buyer fails to pay for or remove a lot within the time limits set out above, the Gallery may resell the lot without limiting its other rights. In that event the original buyer remains responsible to the Gallery and the consignor for any shortfall between the resale price and the original price, any storage charges incurred, and any commission the Gallery would have earned had the original sale completed.
Where a buyer initiates a chargeback or payment reversal after a completed sale, the buyer remains liable for the full purchase price and for any costs the Gallery incurs in recovering payment, including reasonable administrative and legal costs.
It is the responsibility of the buyer to make all arrangements for insuring, packing, and removing the property purchased. Any assistance from the Gallery or its agents in packing or removal is offered as a courtesy and without liability.
The Gallery acts solely as agent for the consignor and makes no representation as to any attribute of, title to, or restriction affecting the lots consigned for sale. Without limitation, the buyer understands that any item purchased may be affected by the provisions of the Cultural Property Export and Import Act (Canada).
Online bidding depends on the internet and third-party platforms outside the Gallery’s control. The Gallery is not responsible for any failure, interruption, error, or delay in the website, the bidding platform, or any communication, including bids that are not received, recorded, or processed. Bidders accept these risks.
The Gallery reserves the right, at its sole discretion, to decline or cancel any registration, and to refuse, withdraw, or cancel any bid, without giving reasons.
You accept and agree that the Gallery will process your personal information and may share and use it as required by law and in accordance with the Gallery’s Privacy Policy.
These terms, and any contract of sale formed under them, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there. The parties submit to the exclusive jurisdiction of the courts of Ontario.

A note on protected materials (CITES)

Restrictions exist on the import and export of species protected under CITES (the Convention on International Trade in Endangered Species). This includes, but is not limited to, items made of or containing bone, ivory, tortoise shell, sealskin, certain feathers and quills, and other animal parts. Trade in these materials is strictly controlled or prohibited by many countries.

Please review the laws of your country before bidding on any piece made of or containing these materials. CITES permits must be obtained before import or export and are not issued retroactively. It is the sole responsibility of the buyer to determine whether the proper permits are required, and to obtain them where possible. The Gallery is not responsible for obtaining CITES permits, or for any seizure, delay, denial, or loss caused by permit issues.

For more information, visit www.cites.org.