Maritime Painting in the Manner of Peter Monamy (British, 1689–1749)

1. General Provisions

Auction house Wozniak & Wayne is the organizer of the auction and the seller’s authorised representative, who is not a party to the sale and purchase agreement between the buyer and the seller.
Wozniak & Wayne OÜ (Harju maakond, Tallinn, Kesklinna linnaosa, Sakala tn 7-2, 10141; Registry code: 17085696; VAT no: EE102791466) is the organizer of the auction, who conducts the auction and monitors the implementation by the traders of the terms of the bidding and other agreements concluded between the traders and the auction house. The auctioneer is authorised to accept all the payments made during the auction to his current account and to make payments from their current account on behalf of the auction house and the seller.
These trading conditions, as well as everything related to trading, are governed by a law of the Republic of Estonia. Any legal action is subject to the jurisdiction of the judicial authorities of the Republic of Estonia. Trades presuppose prompt payment. Currency of payment is EURO.
The Bidder undertakes to carefully read the Terms of Sale (hereinafter referred to as the Terms). In case of disagreement with the Terms, the participation in the auction is prohibited. In case of violation of these Terms by the trader or the buyer, as well as other agreements concluded between the trader/buyer and the auction house, the auctioneer has the right to remove the trader from the auction and cancel the buyer’s transaction.

2. Guarantees

Most of the items sold at the auction are of considerable age, and, as a rule, have undergone normal wear and tear, aging, and restoration. Therefore, all items are sold “AS THEY ARE.” The auctioneer and seller make no guarantees as to the name, liquidity, suitability or condition of the items, as well as their commercial value. All descriptions contained in the catalog, in invoice, or elsewhere regarding authorship, time of creation, source of origin, size, quality, rarity, provenance, references in literature and exhibitions, as well as the physical condition of items are only an opinion, but not a statement or guarantee. The auctioneer and seller are not responsible for mistakes or omissions in the catalog or any additional material. As, the auction house Wozniak & Wayne only undertakes mediation, Wozniak & Wayne is not responsible in case of disputes regarding the authenticity of the goods or their quality. The condition of the lots presented, the absence of indications regarding the condition of the goods in the name entered in the catalog does not in any way imply the absence of defects. Some restoration works that do not change the properties of the item and do not distort its characteristics indicating its belonging to a particular period cannot be disputed. Customers of Wozniak & Wayne can become familiarized with the items within the framework of the pre-auction condition report requests, as well as, willingly, seek the services of experts. After the transfer of the purchase, the buyer bears full responsibility and assumes all risks associated with the handling, storage and use of the purchase.
After completion of the bidding claims in relation to the goods are not accepted.

3. Execution of the Sale/Auction

Participation in Wozniak & Wayne auctions requires clients to register through the envisaged auction platform, where all necessary personal information must be provided to enable live online bidding. Registration through this platform is mandatory and ensures the security and integrity of the bidding process. Clients who wish to place absentee bids may do so directly via the auction platform. Alternatively, absentee bids may be submitted to Wozniak & Wayne by email; however, clients choosing this option must first contact the auction house to request authorization for absentee bidding. If the auctioneer has received several written bids for the same lot and for the same amount, all of which are the highest bids in the auction, the item will be sold to the person whose written bid was received and accepted first. Submitting absentee offers is free of charge. The auctioneer is not responsible for individual cases of non-submission of written bids, as well as for mistakes and omissions caused by circumstances beyond our control.The auctioneer has the right to request additional information from a trader, as well as to refuse the registration without giving any reasons. Wozniak & Wayne is not responsible for errors or failures in the online service caused by technical failures or human factors.
The auctioneer reserves the right to withdraw any lot from the auction prior to the auction and is not responsible for this.
The auctioneer reserves the right to decline any bid. The trader offering the highest auction price recorded by the auctioneer is the buyer. In case of a dispute between traders, the auctioneer has the ultimate authority to determine the winner of the auction. Upon the auctioneer’s hammer fall, the right to the current lot will pass to the trader who offered the highest auction price recorded by the auctioneer. After the transfer of the right to the lot, the trader assumes all risks and responsibilities and undertakes to pay the full purchase price, as well as the auction premium and any fees (such as sales tax, storage and transport charges) immediately upon invoicing.

4. Payment

Auction premium 25% (28% for clients using bidding platforms) will be added to the hammer price and is payable by the buyer as part of the total cost. The buyer must pay for the purchase, the cost of which includes the final price of the goods, possible costs and duties by bank transfer in Euros. Winning bidders receive an invoice by email within 48 hours after the auction, which includes detailed payment instructions and bank information for wire transfers. Buyers need to make payment within seven days of the auction date. In the absence of immediate payment of the full invoice, the goods cannot be transferred to the buyer.
Payment for individual goods as part of one invoice is not allowed. Until the buyer has paid the full value of the invoice, the auctioneer has the right to refuse to issue the items to the buyer. Transfer of ownership from the seller to the buyer is carried out only after the auction house has received the entire invoice amount, including commission (auction premium).
In case of non-payment of the purchase price, the auctioneer may take the following measures at their discretion:
to demand from the buyer (an individual person) a penalty in the amount of 0,05% per day from the unpaid auction premium for each day of delay;
a) to demand from the buyer (a legal entity) a penalty in the amount of 0,2% per day from the unpaid auction premium for each day of delay;
b) to refuse to issue to the buyer the buyer’s property in the possession of the auctioneer until the full payment of the auction premium;
c) to cancel the sale of the lot and resell the item privately or in an open auction. In this case, the buyer is obliged to compensate for the difference between the auction premium accrued on the price offered by the buyer and the auction premium accrued on the new selling price, as well as all costs associated with the re-sale organization;
d) to withhold all payments made by the buyer to the auctioneer, including the deposit, in an amount equal to the auction premium;
i) to transfer the buyer’s data to the seller;
f) to transfer the buyer’s data to collection of payments for debt collection, as well as g) to publish them in the registers of payment violations;
h) to claim debts through a court;
i) to claim other damage caused to the auctioneer as a result of non-payment of the auction premium.
The auctioneer has the right to use the above sanctions jointly or separately, as well as to use other law enforcement measures established by law.
In addition to the above, the auctioneer has the right to take over the seller’s claim against the buyer to pay the purchase price, including all related claims. In this case, the auctioneer has the right to take the following measures in their sole discretion:
j) to demand from the buyer (an individual person) a penalty in the amount of 0,05% per day from the unpaid first price for each day of delay;
k) to demand from the buyer (a legal entity) a penalty in the amount of 0,2% per day from the unpaid first price for each day of delay;
l) to refuse to issue to the buyer the buyer’s property in the possession of the auctioneer until the full payment of the first price;
m) to withhold all payments made by the buyer to the auctioneer, including the deposit, in an amount equal to the first price;
n) to cancel the sale of the lot and resell the item privately or in an open auction. In this case, the buyer is obliged to compensate for the difference between their proposed price and the new sale price, as well as all costs associated with the re-sale organization;
o) to transfer the buyer’s data to collection of payments for debt collection, as well as to publish them in the registers of payment violations;
p) to claim debts through a court;
q) to claim other damage caused to the buyer as a result of non-payment of the first price.

5.Collection and transportation

In the absence of any other written agreement, the buyer is responsible for the collection the transportation of the purchase. Wozniak&Wayne does not provide in-house shipping services. Once payment is complete, buyers are responsible for arranging the shipping of their purchased items. Clients are advised to enquire about packing and shipping recommendations prior to auction. If the purchases have not been taken out within 60 calendar days from the date of sale, the auctioneer has the right to transport the property to the warehouse of a third party at the buyer’s expense and issue the item to the buyer only upon receipt of a full payment for the costs of removal, storage, handling, and also any other expenses in addition to other amounts due. In the event that the aforementioned costs of maintaining the purchase exceed 99% of the purchase price, the auctioneer has the right to sell the purchase to cover the costs associated with the transportation and storage of the purchase. The amount remaining after the sale of the purchase, minus the aforementioned expenses, is transferred to the buyer. If the purchase is transferred to a third party for storage, the auctioneer has no obligation to provide special storage conditions for the purchase, except for the minimum: protection from weather conditions and pests.