Please review the Pangaea Auctions user agreement in its entirety prior to accessing the website and fine arts showroom. This user agreement describes the terms and conditions on which Pangaea Auctions offers you access to our website, fine arts websites, showroom, services, and applications.
INTRODUCTION: Welcome to Pangaea Auctions, we value you as a user. By using pangaeaAuctions.com and its related sites, services and applications, you agree to the following terms and conditions and the general principles for the websites of our subsidiaries and International affiliates. If you reside outside of the United States, your contract is with pangaeaAuctions.com, a United States, Nevada State registered corporation. This Agreement is effective on July 22, 2013, upon acceptance for all new users. You automatically accept this User Agreement when registering as a user of Pangaea Auctions; accessing or using Pangaea Auctions website, fine arts showroom, services, and applications, which creates a binding contract between the “Buyer” and the “Seller” with respect to the sale and purchase of listed merchandise.
SALE OF MERCHANDISE: When an item is placed into the Buyers shopping cart, the Buyer irrevocably agrees to pay the total purchase price and the (20% Buyers Premium) posted within the shopping cart, the moment the Buyer clicks the checkout icon. They Buyer will automatically be directed to complete a Transpact.com secured escrow payment transaction with the Auctioneer where the shipping terms and fees will be identified. During the course of the Transpact.com transaction, the Seller agrees to secure the merchandise and remove it from the showroom until the transaction is complete.
TERMS & CONDITIONS: Prior to becoming a user of Pangaea Auctions, you must read and accept all of the terms and conditions within this User Agreement. By accepting this User Agreement, you agree that it will apply whenever and wherever you use Pangaea Auctions website, fine arts showroom, services, and applications.
ALL USERS (Obligations): While using Pangaea Auctions website, fine arts showroom, services, and applications, you will NOT:
-post inappropriate content or items ANYWHERE on our website, fine arts showroom, services, and applications;
-violate any State laws, Federal laws, or International laws, third party rights or our policies;
-use our website, fine arts showroom, services, and applications if you are not able to form legally binding contracts or have been suspended for any reason;
-distribute viruses or any other technologies that may harm Pangaea Auctions, or Pangaea Auctions users;
-export or re-export any Pangaea Auctions applications except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
-copy, modify, or distribute rights or content from the Pangaea Auctions website, fine arts showroom, services, and applications or Pangaea Auctions copyrights, trademarks, and patents; or
-harvest or otherwise collect information about users, including email addresses, without their consent.
AUCTIONEER DEALER (Obligations):
-is a professional authorized dealer of fine arts.
-has an active Tax Identification Number;
-Employer Identification Number (EIN) for United States.
-Value Added Tax (VAT) Identification Number for Europe and other applicable countries.
-Tax File Number (TFN) for Australia.
-will immediately remove any listed merchandise that sells outside of our showroom prior to releasing the merchandise to the local buyer. This will eliminate any sales inventory discrepancies with our Buyers.
-will pay the all of the Transpact.com escrow payment processing fees. See flat fee and additional fees below:
Flat fee of £2.99 per GBP transaction / €3.49 per EUR transactions / $9.99 per USD transaction for buyer and seller (the total fee of £5.98 / €6.98 / $19.98) may be split between you as you wish).
For every £1 of additional interest your transaction gains, a fee will be charged equal to 18.15p (likewise for Euros and Dollars). In other words, if your transaction amount earns £100 interest, then you will receive a net increase to your transaction amount of £81.85 and a fee will be charged of £18.15 (likewise for Euros and Dollars).
For US Dollar Transactions Only: Any payment made in USD has a USD payment fee of $15 subtracted from the payment. Transactions in other currencies do not suffer this charge.
Large payments: A charge is made for payments of £10,000 / €15,000 / $50,000 or more that a party or the referee instructs us to make to you.
· For any GBP payment between £10,000 and £19,999.99 that is due to be paid to you, a large-payment surcharge of £12 will apply.
· For any GBP payment between £20,000 and £29,999.99 that is due to be paid to you, a large-payment surcharge of £19 will apply.
· For any GBP payment of £30,000 or more that is due to be paid to you, a large-payment surcharge of £86.34 will apply.
· For any Euro payment between €15,000 and €29,999.99 that is due to be paid to you, a large-payment surcharge of €15 will apply.
· For any Euro payment between €30,000 and €49,999.99 that is due to be paid to you, a large-payment surcharge of €38 will apply.
· For any Euro payment of €50,000 or over that is due to be paid to you, then these cannot be made as SEPA payments, and so incur the International/Non-SEPA surcharge shown above. They also incur a further large-payment surcharge of €79.87.
· For any US Dollar payment between $2,500 and $19,999.99 that is due to be paid to you, a large-payment surcharge of $14.72 will be incurred, in addition to the normal $15 USD payment fee.
· For any US Dollar payment between $20,000 and $49,999.99 that is due to be paid to you, a large-payment surcharge of $44.16 will be incurred, in addition to the normal $15 USD payment fee.
· For any US Dollar payment of $50,000 or above that is due to be paid to you, a large-payment surcharge of $97.43 will be incurred, in addition to the normal $15 USD payment fee.
All large payment surcharges are subtracted from the payment made at the payee's expense. Please note that whereas you control the timing and level of payments made to the other party to a transaction, you have no control over the timing or level of payments that are made to you (this is the very nature of escrow). There large payment fees are a condition of use of Transpact.com, and you agree to pay them when you agree to use Transpact.com.
INTERNATIONAL TRADE: Pangaea Auctions website, fine arts showroom, services, and applications are accessible to International Galleries and Buyers. We may offer certain links to tools of particular interest to International Auctioneers and Buyers, such as estimated local currency conversion, language translators, and International shipping calculation tools, in which are not owned, managed, or maintained by Pangaea Auctions or its affiliates. Auctioneers and Buyer agree to indemnify and hold harmless Pangaea Auctions for all translation or conversion errors conducted by the Auctioneers and Buyer in using any third party tools (including tools linked to Pangaea Auctions website, fine arts showroom, services, and applications).
AUTHORIZATION TO CONTACT YOU; RECORDING CALLS: You authorize Pangaea Auctions, its affiliates, agents, independent contractors, Sellers and Buyers to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including, but not limited to, calls or text messages using an automatic telephone dialing system and/or prerecorded messages, even if you incur charges for receiving such communications. You understand and agree that Pangaea Auctions may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Pangaea Auctions or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Pangaea Auctions may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Pangaea Auctions, and Pangaea Auctions does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
CONTENT: When posting content on Pangaea Auctions website, fine arts showroom, services, and applications, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future. Pangaea Auctions encourages its Sellers to provide reliable information but cannot guarantee that the fine art descriptions and representations will always be accurate and up-to-date, and you agree not to hold us responsible for inaccuracies in merchandise descriptions and representations. Sellers are fully responsible for their merchandise listings and for ensuring that all listings are accurate and do not include misleading information, and comply with this User Agreement and all Pangaea Auctions policies. Pangaea Auctions will randomly audit merchandise listings to ensure that Sellers are complying with providing accurate information. Merchandise listings may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the merchandise listings or create any derivative works based on catalog content (other than by including them in your listings).
LIMITATION OF LIABILITY: We try to keep Pangaea Auctions and its website, fine arts showroom, services, and applications safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our website, fine arts showroom, services, and applications. You further acknowledge that operation of and access to our website, fine arts showroom, services, and applications may be interfered with as a result of technical issues or numerous factors outside of our direct control. You agree that you are making use of our website, fine arts showroom, services, and applications at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Pangaea Auctions responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from using our website, fine arts showroom, services, and applications. You agree to hold Pangaea Auctions harmless to your use or inability to use our website, fine arts showroom, services, and applications; any delays or disruptions in service; any viruses or malicious software obtained by accessing our website, fine arts showroom, services, and applications; any suspension to your account; glitches, bugs, or errors of any kind. You acknowledge that Pangaea Auctions is not a traditional Auction House or Art Dealer. As an Auction House you agree to comply with any State law, Federal law, or International law requirements to sell merchandise online. The Pangaea Auctions website, fine arts showroom, services, and applications allow users to offer, sell, and buy various categories of fine art merchandise, at any time, from anywhere in the world. We are not involved in the actual transaction between Buyers and Sellers. Pangaea Auctions has no control over and do not guarantee the existence, quality, safety, or legality of merchandise advertised; the truth or accuracy of users' content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction, return an item, or chargeback purchases. It is the onus of the Buyer to research listings, ensure that payment is made, and that shipping is insured and tracked. It is the onus of the Seller to accurately represent merchandise listings, ensure that payment is collected, shipping is arranged, and that they are safeguarded from a chargeback. Regardless of the previous paragraphs, if Pangaea Auctions is found to be liable by a court of law, our liability to you or to any third party is limited to the collected sales commission.
ACCESS AND INTERFERENCE: Information on our website, fine arts showroom, services, and applications are subject to constant updates and changes. Some of this information is proprietary or licensed to Pangaea Auctions by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our website, fine arts showroom, services, and applications for any purpose without our express handwritten permission. You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your own information) from our website, fine arts showroom, services, and applications without the prior express written permission of Pangaea Auctions. You will not sabotage or interfere or attempt to interfere with the proper working of our website, fine arts showroom, services, and applications.