Terms & Conditions

AtelierAuction User Agreement

The use of the online services provided by AtelierAuction.com is governed by the terms and conditions set out below. By signing a document agreeing to be bound by this Agreement, by clicking a button or checkbox on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.

1. Definition and Interpretation

In these Conditions of Business, the following terms shall have the following meaning:

“Auctioneer” means Atelier Auction;

“Atelier” Atelier Auction is an Singapore based online art auction house where the bidding is an entirely online process;

“Bidder” means a person who participate to make a bid.

“Successful Bidder” means the person who makes the highest bid or offer accepted by the Auctioneer; 

“Buyer’s Premium” means the commission payable by the Buyer on the Hammer Price at the rate(s) listed on the Site at the time of the sale;

“Seller”: means an owner of a art asset who wishes to sell their artwork via AtelierAuction.com;

“Seller’s Commission” : means the fees and charges which applies to the seller from time to time in relation to AtelierAuction.com services;

“Lot” means a single item of Property or the lot in which Property is grouped by Atelier Auction;

“Property” means an item of property listed for sale;

“Appraisal” means the pre-sale auction estimate specified by Atelier for a Lot, which can be either a fixed value or a value interval. Estimates do not include the buyer’s premium, sales taxes or shipping charges including export or import licenses;

“Current price” means the price reached for a Lot in the bidding process at a specific moment in time when bidding is still open for that Lot;

“Hammer Price” means the highest bid accepted by the Auctioneer for a Lot or in the case of a post-auction sale, the agreed sale price of the Lot;

“VAT” means Value Added Tax, Import Value Added Tax, any similar sales tax or an amount in lieu of Value Added Tax, as applicable, calculated at the rate applicable at the time of the sale;

“Purchase Price” (also “Total Sales Tax”) means jointly the Hammer Price plus the Buyer’s Premium, any VAT, the shipping expenses, and any other applicable fees or taxes applicable to the sale;

“Business Day” means any day which is not a Saturday, a Sunday or a public holiday on which banks are ordinarily open for business in Singapore (Based on SST time).

2. Services Offered by Atelier Auction

2.1. Atelier Auction provides online service

a. Sellers may, via AtelierAuction.com, advertise their Art Asset for sale whether by way of a, Auction.
b. Buyers may, via AtelierAuction.com, bid in Auctions conducted by Sellers.

2.2. You, as a user of the Services, may use the Services in the capacity as a Seller, Buyer or both a
Seller and a Buyer. The terms and conditions of this Agreement will apply to your use of the Services in either
or both of those capacities.”

3. Creating a User Account to Use the Services

3.1 Creating a User Account!

a. You agree to create a User Account with Atelier Auction in order to use the Services.
b. Your User Account will be created using Atelier Auction’s online sign up process, or any other method specified by Atelier Auction from time to time.
c. Your User Account will permit you to login to AtelierAuction.Com to manage your User Account, make use of AtelierAuction.com and to manage other details involving your relationship with Atelier Auction.
d. You agree to keep confidential and secure any username or password used to access your User Account.
e. You warrant that all information provided to AtelierAuction.com in the setup of your User Account is true and correct in every detail.
f. You agree to only maintain one User Account in relation to your use of the Services and AtelierAuction.com.
g. You agree to provide AtelierAuction.com with all identification documents (including copies of passports and drivers licences) which AtelierAuction requests from you from time to time for the purposes of verifying your identity.

3.2 Use of Your User Account and AtelierAuction.com!

You agree that you will only use your User Account and AtelierAuction.com for the purposes of using the Services and for no other purpose. In particular, in using your User Account and accessing AtelierAuction.com, you will not:

a. breach the Rules;

b. resell or sublicense the use of AtelierAuction.com or your User Account to any other person;
c. use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful,vulgar, obscene or otherwise objectionable;
d. use your User Account to stalk or harass another person;
e. use your User Account to impersonate any person in any way whatsoever;
f. use your User Account for sending advertising, chain letters, junk mail, “spamming” or any other type of unsolicited email;
g. use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
h. use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
i. use your User Account in such a way which damages AtelierAuction.com or denies access to Atelier-Auction.com to other users of AtelierAuction.com;
j. intentionally or recklessly use your User Account in a way that degrades the performance of AtelierAuction.com for other users; and
k. cancel an Auction initiated by you (including any cancellation as a result of a termination of this Agreement) for the purpose of contracting separately with a Buyer you meet through AtelierAuction.com which results in you avoiding paying AtelierAuction.com any Fees (including a Premium Fee). In these circumstances,without limiting AtelierAuction.com remedies against you, AtelierAuction.com may recover its lost Fees from you by suspending your User Account and/or any other legal means.

4. Auction & Sales

1. Conduct in Accordance with the Rules

Your participation as a Buyer or Seller in Auction will at all times be governed by the Rules. You agree that
you are bound by the Rules and will comply with the Rules.

2. Art Assets You Can Sell

a. You must only list Art Assets for sale which you own and which you are entitled to sell. By creating a Listing for Art Assets, you are warranting to AtelierAuction and to each Buyer that:
– you are the owner of all Intellectual Property Rights and all other rights, title and interest in the Art Assets;
– the Art Asset and all of its components are transferable to the Buyer;
b. You are restricted from placing Listings to sell Art Assets which:
– are obscene, vulgar and/or deemed by AtelierAuction to be offensive;
– contain material which infringes the Intellectual Property Rights of a third party or which assists others to infringe the Intellectual Property Rights of a third party;
– are engaged in activities which contravene the law of any territory; or
– contravene any provision of the Rules.

3. Auction Requirements!

a. In listing your Art Asset for Auction you agree to comply with the requirements in relation to Auctions and Private Sales as set out in these terms and conditions or as set out in the Rules.

b. When you advertise your Art Asset for Auction:
– you must specify all details requested by AtelierAuction.com in relation to the Auction
– you must conduct the Auction using the Auction engine provided by AtelierAuction.com;
– you must conduct the Auction in accordance with the Rules; and
– you must sell your Art Asset to the Winning Bidder.

4. What must be sold as Art Asset

– There are different item categories that are accepted by Atelier Auction. We deal mainly with Paintings, sculptures, antiques, furniture, jewellery etc. Item to be consigned is subject for approval for Atelier Auction constants for it to be included in our live auction.

5. Legal Relationship Between Buyers and Sellers

5.1 Legal Status of Agreeing to Sell a Art Asset

a. When a Seller agrees to sell an Art Asset to and the Buyer agrees to purchase Art Asset, then that agreement for the sale of the Art Asset (“Sale Agreement”) will be legally binding on both the Seller and the Buyer.!

b. In the case of a bid at an Auction, the offer to purchase a Art Asset will terminate once a higher bid is made by a third party.!

c. In the case of a bid at an Auction, the offer to purchase a Art Asset will terminate once a higher bid is made by a third party.!

6. No Double Selling

You agree that if you, as a Seller, list a Artl Asset for sale via Auction, then, for the duration of that Auction,you will not advertise or offer to sell the Art Asset through any other third party service or make direct approaches to potential purchasers outside AtelierAuction.com. You acknowledge that the purpose of this restriction is to avoid you potentially entering into agreements to sell your Art Asset to two or more purchasers at the same time and to help provide Buyers with the assurance that should they purchase the Art Asset from you via AtelierAuction.com, they will obtain full title to the Art Asset.

7. Atelier Auction’s Role in Relation to Auctions

7.1 AtelierAuction.com provides a software engine and website to enable:

a. Sellers and Buyers to meet;
b. Sellers to place Listings to advertise their Art Asset for sale; and
c. Sellers to conduct Auctions, of their Art Asset

7.2 You acknowledge and agree that:
a. Atelier Auction is not an auctioneer;
b. Atelier Auction does not conduct Auctions on behalf of Sellers. All Auctions are conducted by Sellers on their own behalf;
c. Atelier Auciton does not facilitate payments between Buyers and Sellers;
d. Atelier Aucction is not responsible in any way for the compliance by each Buyer or Seller with the Sale Agreement. Atelier Auciton do not guarantee and cannot ensure that a Buyer or Seller will actually complete a sale of a Art Asset or act lawfully in their use of AtelierAuction.Com;
e. Atelier Auction merely provides the software and website (being Atelier-Auction.com) by which Seller’s may conduct their own Auctions.

8. Payment and Logistics

8.1 Fees payable by Seller and Buyer

When you, as a seller or buyer – in the event that you bought or sold an Art Asset, shall agree to pay the Buyer / Seller premium.

Seller premium will be 15% of the winning bid price while the buyers premium will be 20% of the winning bid price.Shipping fees will be handled by the buyer. Payment method such as credit cards will be through paypal.

9. Suspension of Services:

9.1 Without limiting Atelier Auctions’s other rights arising under this Agreement, Atelier Auction may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:

a. Atelier Auction considers that you have breached any of your obligations to AtelierAuction under
this Agreement;
b.Atelier Auction considers that you are using your User Account in bad faith or to collude in any way to reduce the amount of Fees that would ordinarily be payable to Atelier Auction;
c. You are using your User Account or the Services for illegal or fraudulent means or in a manner which Atelier Auction in its sole discretion considers offensive, unlawful, harassing, libellous, defamatory, abusive,threatening, harmful, vulgar, obscene or otherwise objectionable;
d. In Atelier Auction’s sole and absolute opinion, the provision of the Services to you is resulting in an unreasonable load on Atelier Auction’s servers or Atelier Auctions’s other services;
e. If a notice of a claimed copyright infringement has been lodged against you.
f. if Atelier Auction has reasonable grounds to believe that you are a repeat infringer of copyright or other Intellectual Property Rights.

9.2 During a suspension of your User Account, your Listings will be suspended or terminated (as determined by us in our sole and absolute discretion).

10. Privacy

10.1 Atelier Auction will collect your personal information including your name, contact details and payment details (including, without limitation, credit card details) (“Personal Information”). All Personal Information will be handled,used, maintained and disclosed by Atelier Auction in accordance with all applicable privacy laws and data protection laws as well as its privacy policy which applies from time to time.

11. Your General Obligations

You agree that :

11.1 You will not use the Services for any illegal or fraudulent purpose or for any purpose other than participating in Private Sales or Auctions as a Seller or Buyer;

11.2 You will comply with all laws which must be complied with in relation to a Listing or the sale or purchase of a Art Asset;

11.3 You will comply with any export restrictions which may apply to the export or import of Art Assets or other Intellectual Property Rights to locations inside or outside Singapore or the territory in which you are located;

11.4 You will not undertake any act or cause any omission which will bring Atelier Auction, its brand or other Sellers and Buyers into disrepute;

11.5 You will provide Atelier Auction with all information requested by Atelier Auction which Atelier Auction requires to provide the Services.

12. Term and Termination

12.1 This Agreement will commence on the date that you first create a User Account with Atelier Auction
and will terminate at the later of the date that:

a. the User Account is terminated or closed; or
b. you otherwise permanently cease using the Services.

12.2 If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, or you otherwise recommence to use the Services, then you will again become bound by this Agreement at that time.

12.3 This Agreement and your User Account may be terminated by Atelier Auction at any time for any reason whatsoever with or without notice to you.

13. LIMITATION OF LIABILITY AND IMPLIED TERMS

The liability of Atelier Auction is limited, at the option of Atelier Auction, to:

a. in the case of goods, any one or more of the following:
– the replacement of the goods or the supply of equivalent goods;
– the repair of the goods;
– the payment of the cost of replacing the goods or of acquiring equivalent goods;
– the payment of the cost of having the goods repaired; and!

14. Intellectual Property

14.1 Each Seller warrants to Atelier Auction that its Art Asset and its Listing at all times will not infringe the Intellectual Property Rights of a third party.

14.2 You acknowledge and agree that AtelierAuction will not be liable or responsible for any breach by a Buyer or Seller of any Intellectual Property Rights or other rights held by a third party in relation to the supply or purchase of a Art Asset or in relation to a Listing

14.3 You hereby grant AtelierAuction a royalty free, irrevocable, worldwide, perpetual licence to display and use the contents of your Listing on AtelierAuction.com, including any excerpts from your Art Asset which are contained in your Listing.

15. FORCE MAJEURE

15.1 You agree that AtelierAuction and its Third Party Providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in AtelierAuction complying with its obligations under this Agreement, where such failure or delay has arisen or is anticipated to arise as a direct or indirect result of:

a. fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war,terrorism, explosion, sabotage, industrial accident or an industrial strike;

b. denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;

c. a significant demand is placed on AtelierAuction’s services which is above the usual level of demand and which results in a failure of AtelierAuction’s software and hardware to function correctly;

d. the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to AtelierAuction;

e. any other circumstances or events which are beyond the reasonable control of Atelier-Auction or the Third Party Provider (as the case may be).

16. Miscellaneous

Atelier Auction may amend the terms and conditions of this Agreement at any time. You agree that without limiting the ways in which it may be bound by such amendments, you will be deemed to have agreed to such amendments by making use of or accessing your User Account or AtelierAuction.com after the Amendment Date.

Atelier Auction Website Rules:

Users:

Most importantly:

– Each Atelier Auction account must be held by one person only, and each person may hold only one Atelier Auction account.

Also important:

– User accounts are non-transferable.
– Private offers outside the AtelierAuction system are expressly forbidden.
– Users may not link to certain categories of external site. These include: Pages containing explicit, obscene or vulgar language or images.

>>Pages containing copyright infringing material.

>> Pages which could be classified as self-promotion, such as pages affiliated with the user.

– In general, external links are considered suspicious unless they’re obviously contextually related.
– Users should take due care and perform due diligence when on either side of a transaction.
– All users should diligently monitor listings they are interested in; AtelierAuction can provide no guarantees about delivery of emails.

Listings:

– By submitting a listing, you grant Atelier Auction a permanent, irrevocable and unrestricted license to store and display the details of your listing.
– By submitting a listing, you agree that in the event of a sale your contact details will be sent to the winning bidder.
– The seller must have the right and good faith intention to sell the item listed.
– The seller is obliged to sell to the user who made the winning bid or offer.
– A user making a winning bid or offer is obliged to buy for the amount of the winning bid or offer.
– The seller must provide full details of the item for sale, and must not intentionally hide information from public view.

Auctions:

– A reserve price must be set, and the reserve must be equal to or greater than the minimum bid price.
– The reserve price may not be made public by any means.
– The reserve price may not be changed once it has been met.
– The listing will publicly display whether or not the reserve price has been reached by an accepted bid.
– Bids made in the final hour postpone the end time until an hour after the bid was placed.
– An auction is completed once it has ended
– If an auction is completed and the reserve price is not met, the listing is passed in and all accepted offers immediately expire.
– If there are bids greater than or equal to the reserve price, the highest accepted bid is the winning bid.

Bids:

– Bids and offers are anonymous to everyone except the seller.
– Making a bid or offer agrees that you may be the winning bidder, and that if so your contact details will be communicated to the seller.
– Sellers may not bid or offer on their own listing, either on their own behalf or through an intermediary.
– Users may not reveal to other users who placed a bid or offer, whether via PM or public comment or any other way.
– Bids are legally binding and irrevocable until a higher bid is accepted, at which time the previous highest bid expires.
– Bids may not be withdrawn by the bidder.

PERSONAL DATA PROTECTION ACT

A) General Data Protection Policy

We at Skyhigh.vip take our responsibilities as the holding company for Atelier Auction under Singapore’s Personal Data Protection Act 2012 (the “PDPA”) seriously. We recognise the importance of safeguarding the personal data you have provided us and it is our responsibility to properly manage, protect and process your personal data.

This Data Protection Policy is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data.

If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Customer Service Team.

As you browse atelierauction and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you.

1 INTRODUCTION TO THE PDPA

1.1 “Personal Data” is defined under PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access.

1.2 We will collect your personal data in accordance with the PDPA directly from you. We will notify you of the purposes for which your personal data may be collected, used, disclosed and/or processed, as well as obtain your consent for the collection, use, disclosure and/or processing of your personal data for the intended purposes, unless an exception under the law permits us to collect and process your personal data without your consent.

2 PURPOSES FOR COLLECTION, USE, DISCLOSURE AND PROCESSING OF PERSONAL DATA

2.1 The personal data which we collect from you may be collected, used, disclosed and/or processed for various purposes, depending on the circumstances for which we may/will need to process your personal data, which include but are not limited to :

(a) Communicating with you on your enquiries, and/or sending you marketing, advertising and promotional information and materials relating to events; productions; shows; concerts; and/or services that we, our partners and/or third party organisations with whom we are collaborating, may be selling or marketing.

(b) Administrative matters on your sign-ups/registrations for accounts, payments or refunds.

(c) Any other purposes that we notify you of at the time of obtaining your consent.

(collectively, the “Purposes”)

As the purposes for which we may/will collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or by law.

3 SPECIFIC ISSUES FOR THE DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

3.1 We respect the confidentiality of the personal data you have provided to us.

3.2 In that regard, we will not disclose your personal data to third parties without first obtaining your consent permitting us to do so. However, please note that we may disclose your personal data to third parties without first obtaining your consent in certain situations, including, without limitation, the following :

(a) cases in which the disclosure is required or authorised based on the applicable laws and/or regulations;

(b) cases in which the purpose of such disclosure is clearly in your interests, and if consent cannot be obtained in a timely way;

(c) cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of yourself or another individual;

(d) cases in which the disclosure is necessary for any investigation or proceedings;

(e) cases in which the personal data is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer;

(f) cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest; and/or

(g) where such disclosure without your consent is permitted by the PDPA or by law.

3.3 The instances listed above at paragraph [3.2] are not intended to be exhaustive. For more information on the exceptions, you are encouraged to peruse the Second, Third and Fourth Schedules of the PDPA which is publicly available at statutes.agc.gov.sg.

3.4 Where we disclose your personal data to third parties with your consent, we will employ our best efforts to require such third parties to protect your personal data.

4 REQUEST FOR ACCESS AND/OR CORRECTION OF PERSONAL DATA

4.1 You may request to access and/or correct the personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. Hence, please submit your written request to our attention: DPT

4.2 For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request.

4.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will :(a) correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and (b) subject to paragraph [4.4], we will send the corrected personal data to every other organisation to which the personal data was disclosed by EGH within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose.

4.4 Notwithstanding paragraph [4.3(b)], we may, if you so consent, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.

4.5 We will also be charging you SGD 30 for the handling and processing of your requests to access your personal data. We will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

5 REQUEST TO WITHDRAW CONSENT

5.1 You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by submitting your request to our attention:

5.2 We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request.

5.3 However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us .

6 ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA

6.1 We will take reasonable efforts to ensure that your personal data is accurate and complete, if your personal data is likely to be used by EGH to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your personal data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your personal data that you had initially provided us with.

6.2 We will also put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorised use of your personal data by third parties which are wholly attributable to factors beyond our control.

6.3 We will also put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymised as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.

6.4 Where your personal data is to be transferred out of Singapore, we will comply with the PDPA in doing so. In this regard, this includes us obtaining your consent unless an exception under the PDPA or law applies, and taking appropriate steps to ascertain that the foreign recipient organisation of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the Act. This may include us entering into an appropriate contract with the foreign recipient organisation dealing with the personal data transfer or permitting the personal data transfer without such a contract if the PDPA or law permits us to.

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