Auction Conditions Of Sale
ONLINE AUCTION – CONDITIONS OF SALE
IMPORTANT: Please read these Online auction Conditions of Sale carefully before bidding or taking any action in the Online auction. They contain the terms on which Dondi Company Limited, (”we,” “our” or “us”) and the sellers of lots in the Online-Only auction (“Sellers”) contract with you, registered bidders and buyers of lots in the auction (as the context requires “you” ,”your”, “bidders”, “buyers”).
1. CONDITIONS OF SALE
By bidding at the Online Auction you agree to be bound by these Online Auction Conditions of Sale and as modified by any additional notices or terms published in the online saleroom.
2. Dondi Company Limited AS AGENT AND CONTRACT OF SALE
We act as an agent for the sellers of lots in the Online Auction, unless mention in the descriptions otherwise.
On occasion, We may own a lot directly, in which case we may have a legal, beneficial or financial interest in a lot as a secured creditor or otherwise.
The contract for sale of a lot is formed between the seller of the lot and the highest bidder on the lot at the time the Online Auction closes.
3. DESCRIPTIONS AND CONDITION
Most of the lots we offer viewing in person in Hong Kong. Please take this opportunity to inspect the lot in person if it is available.
Please note that all dimensions included in the online property descriptions are approximate.
Photographs and illustrations are for identification purposes only and cannot be used as precise indications of size or convey full information as to the condition of lots. We make every effort to display the colours of Property in the Online Auction as accurately as possible. The colours you see will however depend on the resolution of your monitor. We cannot guarantee that your monitor’s or your mobile device’s display of any colour will reflect accurately the colour of the item delivered.
Information provided in respect of any lot, including in the online lot descriptions and any condition report (where available) and whether written or oral is not a representation of fact but rather a statement of opinion held by us.
You agree that each lot is sold “as is” and in the condition that it is in at the time of the Online Auction, buyers acknowledge that some lots are of an age and type which means that they are not in perfect condition.
The absence of reference to the condition of a lot in the online lot descriptions does not imply that the lot is free from faults or imperfections.
By bidding in the Online Auction, you accept that many lots are of an age and type which means that they are not in perfect conditions.
We have absolute discretion to revise the selling price and value of the lot and the estimates may not be relied on as a prediction of the selling price or value of the lot. Estimates do not include Buyer’s Premium or other applicable charges and taxes.
4. PARTICIPATING IN THE ONLINE-ONLY AUCTION
We do everything within our control to ensure your participation in the Online Auction runs smoothly, we do not accept liability for any technical difficulties or errors etc which may happened during your participation.
Registration and approval
You must be at least 18 years old to participate in our Online Auctions. The first time you register you will need to create an account with us. You cannot place bids before your registration has been approved. We have absolute discretion to refuse admission to or participation in the Online Auction.
Creating an account
If you do not have an existing Dondi Co. Ltd. online bidding account, you can create one by providing the information requested on our registration page.
5. BIDDING IN THE ONLINE AUCTION
Once submitted all bids are final and cannot be reduced, retracted or revoked. Dondi Co. Ltd is not responsible for any errors you make in bidding.
You must place your bid in the increments provided for each lot as described. You cannot advance a bid outside of the increments provided.
By submitting a bid, you accept personal liability to pay the total Purchase Price including all applicable charges and taxes.
By registering and participating in the Online Auction, bidders represent, warrant and confirm that (i) they are bidding on their own behalf and not on behalf of anyone else (ii) they will be paying the Purchase Price from their own funds (iii) that their participation in the Online Auction and payment of the Purchase Price is lawful and shall not breach any applicable sanctions laws, and (iv) any bids placed by them, are not the product of any collusive or other anti-competitive behavior and are not otherwise in breach of any applicable law, Government sanctions and other regulatory measures in force from time to time.
Our Online Auctions are timed, at the close the highest bid accepted on a lot will be the successful bidder and buyer of that lot, unless special circumstances require Dondi Co. Ltd to exercise its discretion.
When the Online Auction closes, the contract for sale is formed automatically between the seller and the successful bidder on the lot.
Winning bidders will be notified and contacted by email or by one of our staff after the Online Auction has closed.
6. CONDUCT OF THE ONLINE-ONLY AUCTION
Actions Dondi Co. Ltd can take
We may take such actions as it reasonably considers appropriate to ensure the Online Auction runs smoothly in accordance with legal obligations. Such actions may include but are not limited to:
refusing to accept bids on a lot where Dondi Co. Ltd reasonably considers it appropriate to do so;
restarting the bidding on a lot where Dondi Co Ltd reasonably considers it appropriate to do so;
withdrawing a lot from the Online Auction;
re-offering a lot after the Online Auction has closed where there is a dispute or error or other appropriate reason for doing so.
Dondi Co. Ltd has no liability to bidders or buyers for any such actions which it may take during the Online Auction.
Calculation of the Total Purchase Price
Some lots have buyers premium: the commission Dondi Co. Ltd charges the successful highest bidder and the buyer of the lot. This will be clearly stated in the description of the auction page, and will require the bidder’s acknowledgment by checking the box before placing bids.
Unless otherwise indicated, all prices, fees, charges and expenses set out in the online lot descriptions are quoted exclusive of applicable taxes.
Payment is due immediately following the auction.
Interest will be charged on late payment.
Payments may be made by wire transfer. Our account details are available on our website. Please reference the relevant invoice number when making payment.
There will be a 3.5% charge on the total value of the purchase price. Buyer agrees to pay this charge and it will be collected before the item is delivered.
Dondi Co. Ltd. Is using S.F. Express for the delivery service. If the buyer wishes to use other delivery service, the cost will be on the buyer.
8. Shipping and handling, storage
Collection and/or shipment
Please arrange to collect your purchased lot(s) promptly after the auction closes. Please give us at least two working days’ notice of the date you intend to collect, so that we can make preparations. To arrange your collection please contact our Staffs
We provide complimentary storage for up to 30 days after the auction. If you need to make any arrangements please contact us.
Risk of loss or damage
Lots will be at your risk after the 30-day free storage period.
9. IF PURCHASE PRICE IS NOT PAID
Without prejudice to any rights the seller may have, if the buyer fails to pay the Purchase Price for a lot in cleared funds within 2 (two) days of the date the Online Auction closes, we may in our sole discretion exercise one or more of the following:
resell/relist/store the lot at our premises or elsewhere at the buyer’s sole risk and expense; cancel the sale of the lot, retaining any partial payment of the Purchase Price as liquidated damages;
reject future bids from the buyer or render such bids subject to payment of a deposit;
charge interest from the date payment became due until the date the Purchase Price is received in cleared funds;
commence legal proceedings to recover the hammer price and buyer’s premium for that lot, together with interest and the costs of such proceedings;
release the name and address of the buyer to the seller to enable the seller to commence legal proceedings to recover the amounts due and legal costs;
and/ or take such other action as we deem necessary or appropriate.
10. OUR RIGHT TO CANCEL THE SALE OF A LOT
We have the right, but not the obligation, to cancel the sale of a lot.
Upon cancellation of the lot, we will refund the Purchase Price paid
Buyers should note that they are responsible for all charges, duties and taxes
12. LIMITATION OF LIABILITY
none of Dondi Co. Ltd or the seller
a) is liable for any errors or omissions, whether orally or in writing, in information provided to prospective buyers by Dondi Co. Ltd or
b) accepts responsibility to any bidder in respect of acts or omissions, whether negligent or otherwise, by Dondi Co. Ltd in connection with the conduct of the auction or for any other matter relating to the sale of any lot.
c) Without limitation, none of Dondi Co. Ltd or the seller shall be liable to the buyer for any loss or damage beyond the refund of the Purchase Price, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price.
d) No provision in these Online Conditions of Sale will be deemed to exclude or limit the liability of Dondi Co. Ltd to the buyer in respect of any fraud or fraudulent misrepresentation made by any of us or in respect of death or personal injury caused by our negligent act.
Users of our platform understand and agree that your access to and use of the digital platforms is at your sole risk.
Effective as of July 2022
July 06, 2022
閣下(「使用者」) 使用Dondi Company Ltd. (下稱「本公司」)，必須遵守下列條款及條件(下稱「條款」)。敬請細閱本頁。瀏覽及使用網站，代表閣下在沒有修改、限製或保留的情況下，接受條款並同意受其約束。本公司可隨時更新本頁內容，全權酌情變更或修訂條款。閣下亦受該等變更或修訂約束，故應定期瀏覽本頁查閱條款。
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閣下使用網站即代表閣下同意： (a) 在任何網站填寫登記表格時提供真確完備的最新個人資料(該等資料稱為「登記資料」) ，以及(b) 維持及迅速更新登記資料，以確保資料真確完備及為最新。若閣下提供的登記資料失實、不准確、過時或不完整，或本公司有理由懷疑登記資料失實、不准確、過時或不完整，本公司有權暫停或終止閣下的賬戶，並拒絕閣下於目前或日後使用網站(或當中任何部分) 。
Dondi Co. Ltd. 接受信用卡支付。使用信用卡將會被收取附加費 3.5%（拍賣品成交價的 3.5%）。
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