Stampcurio Philately Auctions
Terms and Conditions
Last updated: December 12, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Auction refers to an event, where lots are offered.
Country refers to: Hungary
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Smartsector Ltd., 1054 Budapest, Honved utca 8. 1/8. Hungary.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Stampcurio Philatelic Auctions, accessible from https://stampcurio.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Participation of an Auction
Participation in any Stampcurio Philatelic Auctions means acceptance in full of the following conditions as well as any rights and obligations arising therefrom. These same conditions also apply to all transactions taking place outside the realm of the auctions.
The organiser of the auctions are the Company, who acts as an agent only and is not liable in any way whatsoever for any default(s) of purchaser(s) and/or vendor(s).
1. The auction lots are offered
1.1. As presented in the auction catalogue and/or through the Stampcurio Philatelic Auctions website. Lots are meticulously described and with the greatest care, however without responsibility. Photographs and scans count as part of the description with regard to the margins, perforation, centering, postmarks and all other visible attributes. The descriptions of the lots mention if the items are signed by recognised experts and/or accompanied by expert certificates.
1.2. As viewed in person: before and during auction sales, persons or their agents may examine lots at our offices or at the auction location, and must confirm their auction invitation before viewing. Persons or their agents attending a Live Room auction by invitation and/or who have viewed lots before an auction are understood to have examined all lots which they purchase and accept them as they are at the moment of the knocking-down and not necessarily as described.
1.3. If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your billing address, and Your shipping information.
You represent and warrant that the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
2. Auction bids
2.1. The auction bid steps for all auctions are as follows:
to € 30: €
€ 30 - 100: € 5
€ 100 - 200: € 10
€ 200 - 500: € 20
€ 500 - 1000: € 50
€ 1000 - 2000: € 100
€ 2000 - 5000: € 200
€ 5000 - 10000: € 500
€ 10000 - 20000: € 1000
above € 20000: € 2000
Bids between these steps will be adjusted accordingly to the next highest bid step. The bidder is bound by his offer until a higher bid has been validly accepted.
2.2. The Company has full discretion to refuse any bidding, to divide any lot or lots, to combine any two or more lots and to withdraw any lot or lots from the sale without in any case giving any reason.
2.3. Bid orders are only accepted from registered clients of Stampcurio and/or its associated companies. Live Room bidders must confirm their invitation prior to obtaining a bidding number.
2.4. Bid orders received by the Company including via its website before the relative auctions have priority over room bids in the case of Live Room auctions.
Bids made in other currencies than the advertised currency of the auction will be converted into that currency at the market rate of the day of the auction.
3. The auction
3.1. Unless explicitly stated otherwise, the currency of the auction is Euros. Attendance at the Live Room auction is reserved for registered clients and/or their agents.
3.2. Prerogatives of the Company: The Company may withdraw, group differently, divide or refuse to knock down any lot. The Company reserves the right to refuse any bid orders and / or for Live Room auctions, refuse admittance to the auction room, at its discretion, to anybody whomsoever. The Company cannot be held responsible for any physical accident that may occur on the premises where auctions take place.
3.3. Bidders’ representatives and auction agents: any person bidding for the account of a third party is fully liable for any obligation arising from such bidding. This responsibility is notably applicable for the verification of the condition and for the payment of purchased lots.
3.4. Winning Bids: each lot is sold on behalf of the respective owner to the highest bidder who becomes the buyer at one bid step over the next highest bid step; this is the knock-down price. A buyer’s premium will be added to the knock-down price per lot and is payable by the buyer as part of the total purchase price. The buyer’s premium is 20% of the knock-down price during the live auction. The cost of postage will be invoiced separately from the buyer’s premium. On the knock of the hammer, liability for the lots passes to the bidder whose bids have been accepted. The lots are delivered to the buyer when the total sale price (knock-down price plus all fees) have been paid in full.
VAT (Sales Tax) is 0% according to the law of Hungary. It is the buyer’s responsibility to pay any relevant duties that may be incurred upon import to other jurisdictions; the buyer shall be responsible for all costs of purchases that are returned to the Company should they refuse to pay import duty.
3.5. Payment: Sale price plus buyer’s premium and additional costs (if any) are due for immediate payment as invoiced against delivery of the lots. Payment in other currencies is accepted at the rates of exchange of the day as quoted by the Hungarian National Bank (MNB). The bidders who are successful with whom it has been expressly agreed that they pay after the sale under special conditions, are due to pay the sale price, buyer’s premium and any other costs according to those terms. In these cases, the Company keeps the relevant lots which are delivered to the buyers on full settlement of their account. Delivery of the purchased lots by post, courier or any other means if instructed by the buyer including cost of normal transit insurance cover is at the expense of the buyer. Title or ownership of the purchased lots, delivered or not, remains with the Company on behalf of the seller until payment has been made in full.
4. Guarantee
4.1. Extent of the guarantee: subject to paragraph 4.3 below, the authenticity of all philatelic items sold in the auction is guaranteed for a period of 30 days from the auction date, with the express exclusion of any other fault(s). Any reclamation regarding authenticity must come to the notice of the Company on the delivery of the lots but at the latest within 30 days from that date. Before delivery, which may take place after the 30 days period, the lots purchased may be examined. The buyer whose reclamation is made after 30 days from the auction date loses all rights to the guarantee. Such reclamation will not be valid by the Company. If an extension of the period is required in order to substantiate the claim with an expertise, a request for such extension must be made to the Company within 30 days of the auction date. No request for extension will be considered beyond this 30 days period. Only claims, expertise results or other details which are made within the agreed periods will be valid.
4.2. Expertise and counter-expertise: should the authenticity of a lot be questioned, the buyer is obliged to provide an expertise or counter-expertise from a prominent expert in the field, justifying the claim. If a stamp is found by a recognised expert, taking financial responsibility for errors, to have been forged, he may mark it accordingly. Consequently, the marking «FALSCH» (forged) is not considered an alteration. In the case of such reclamation, the Company reserves the right to request, at its own discretion, one or more further expertise(s). All expertise and relative charges accrue to the vendor’s account in the case of a justified claim, or to the buyer’s account if the claim is not justified.
In the case of a justified claim, the lot is taken back and the knock-down price plus the commission are refunded to the buyer. In the case of delayed payment due to expertise agreed by the Company interest is charged at 50% of the standard rate for all cleared lots. If the Company has not agreed, then full interest is due.
4.3. Exclusions: lots described as collections, accumulations, selections, groups and those containing duplicates cannot be the subject of any claim. Claims concerning lots described as a set or groups of sets containing more than one stamp, can only be considered under the terms of paragraph 4.1 above if they relate to more than one third of the total value of the lot. Lots which have been examined by the buyer or his agent, lots described as having defects or faults cannot be subjected to a claim regarding defects or faults. lllustrated lots cannot be subjected to a claim because of perforations, centering, margins or other factors shown in the illustrations.
4.4. Late Payment: if payment of the knock-down price plus commission due by the buyer is not made within 30 days of the date of the auction, the Company reserves the right to cancel the sale and dispose of the lot(s) elsewhere and/or to make a recourse to any legal proceedings in order to obtain payment of the amounts due as well as for any incurred damages and losses and any legal expenses. A charge on overdue payment of 5% for the first month and 2% per month afterwards plus expenses incurred is chargeable on any outstanding amount after 30 days of the date of the auction. The buyer who is in default in any way whatsoever has no right of claim under any circumstances.
4.5. Exceptionally, the knock-down price will be reduced to the lowest winning bid where it is shown that the exact same buyer has inadvertently increased the price by using more than one medium of bidding on the same lot.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email:
[email protected]
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