Online Auction

These Terms & Conditions (“Terms”) govern participation in online auctions conducted by Niagara Image Gallery (“the Gallery,” “we,” or “us”), located in Niagara-on-the-Lake, Ontario. By registering, bidding, or purchasing through our online auction platform, you (“the bidder,” “the buyer,” or “you”) agree to these Terms.

1. Eligibility

Bidders must be at least 18 years of age and legally able to enter into binding contracts.
The Gallery reserves the right to refuse registration or participation at its discretion.

2. Registration

To participate, bidders must provide accurate contact and payment information.
The Gallery may require proof of identity and/or a valid credit card prior to approval.

3. Bidding

All bids are final, binding, and cannot be withdrawn once placed.
Bids are accepted in the order received by the online system.
The highest bid at the close of the auction constitutes a binding contract of sale, subject to any reserve price set by the Gallery or the artist.
Reserve prices may apply; if not met, the lot may remain unsold.

4. Taxes

Applicable Ontario sales tax (HST) will be added unless a valid exemption certificate is provided.

5. Payment

Payment in full is due after the auction’s close, and coordinated over phone call based on provided card hold information.
Accepted payment methods may be discussed over the phone.
Failure to pay may result in cancellation of the sale, forfeiture of the lot, and/or legal action.

6. Title & Risk

Title passes to the buyer upon receipt of full payment.
Risk of loss or damage passes upon collection or shipment of the artwork.

7. Collection & Shipping

Buyers are responsible for arranging collection or shipping.
The Gallery may provide shipping assistance at the buyer’s expense and risk.
Storage fees may apply to uncollected lots.

8. Condition of Artwork

All artworks are sold “as is.” Descriptions, images, and condition reports are provided for guidance only.
The Gallery makes no guarantees or warranties, express or implied, regarding condition, authenticity, or provenance, except where expressly stated in writing.

9. Returns & Refunds

All sales are final. No returns, cancellations, or refunds will be accepted except as required by law.

10. Limitation of Liability

The Gallery is not responsible for errors, omissions, interruptions, or technical failures of the online bidding system.
Our maximum liability, whether in contract, tort, or otherwise, shall not exceed the purchase price paid by the buyer.

11. Intellectual Property

Copyright in all images, text, and materials provided by the Gallery remains with Niagara Image Gallery or the artist.
Buyers may not reproduce or use images of artworks without prior written consent.

12. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada.
Any disputes shall be resolved exclusively in the courts of Ontario.

13. Amendments

Niagara Image Gallery reserves the right to modify these Terms at any time. Updated Terms will apply to future auctions.

14. Contact

Questions regarding these Terms & Conditions should be directed to:

Niagara Image Gallery
Niagara-on-the-Lake, Ontario
Email: niagaraimagegallery@gmail.com
Phone: 905-468-4431