1. A number of Instagram Auctions taking place daily from the 31st of August until 7th September, from 5 pm until 7 pm in this period.
2. Each Instagram Auction conducted on the Between 10and5 Instagram account (the “Service”) consists of various items (each individual item hereafter referred to as a “Lot”) on a designated date or dates.
3. The Service will provide pertinent information for each Auction, including date, the start of the auction, details of each Lot to be sold, the starting bid, and bidding increment.
4. Bids must be in respect of each Lot. Each Lot constitutes a separate sale.
5. The Lots have been curated by a selected curatorial panel from local artists, designers, makers and other creatives (hereafter called the “Artist”)
6. The Instagram Auction will be taking place on Between 10and5’s Instagram account @10and5. Any other place or location from which any of our selected lots are for sale or re-sold by the consumer are not applicable to these Terms and Conditions
7. Instagram Auction Lots will be sold in their numbered sequence on the dates stipulated below, unless the “Service” directs otherwise.
1. Bid Conditions. Between 10and5 maintains the right to cancel or postpone any Lot or have it removed from an Auction prior to acceptance of a winning Bid. In the event a Lot is removed from an Auction, notice will be provided by the “Service”. Any Bids previously placed on such a Lot prior to its removal from the Auction shall be canceled, and Between 10and5 will not receive any further Bids on such a Lot.
2. Purchase Obligations. In connection with making Bids, Bidders agree that the Bidder with the highest Bid at the close of the Auction will be obligated to purchase the Lot. By bidding on any Lot, you agree to purchase the Lot at the price you have Bid. You agree that should you Bid on a Lot and that Bid is the winning Bid, that you are bound to pay Between 10and5 the winning Bid amount for the Lot. All sales are final and winners cannot cancel. No exceptions will be made.
3. Voetstoots. All Lots are auctioned “as-is”.
4. Online Bids. High-speed internet access is required to access the Service effectively. The Service is subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Between 10and5 is not responsible for any delays, delivery failures, or other damage resulting from such problems.
5. Disputes Between Bidders. For auctions, the Auctioneer will have final discretion in the event that any dispute should arise between Bidders. The Auctioneer will determine the successful Bidder, cancel the sale, or re-offer and resell the Lot or Lots in dispute. Between 10and5 will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises our sale record is conclusive.
6. Reserve. All of the Lots offered at Auction are subject to a confidential minimum Reserve price acceptable to the Consignor at which the Lot will be sold (the “Reserve”). Between 10and5 is not obligated to sell the Lot unless the Reserve is met. A Lot or Lots may be withdrawn from an Auction if there is no Bid equal to or above the Reserve.
C. Winning Lots
1. Winning Bidder. At the close of the Auction, the highest Bid for a Lot will be considered the “Hammer Price”, and the successful Bidder shall be informed via Instagram Direct Message (the “Winning Bidder” or the “Purchaser”). The Winning Bidder is responsible for paying to Between 10and5 the Hammer Price. Upon conclusion of the Auction, we will provide the Winning Bidder with a collection address to arrange for artwork to be collected and put you in contact with our preferred art courier service (Artist Admin).
2. Risk of Loss; Release of Lots. Upon establishment of the Hammer Price for the purchase of the Lot (the “Sale”), the Winning Bidder immediately thereafter assumes full responsibility for all risk of loss or damage (including, without limitation, liability for, or damage to frames or glass covering prints, paintings, photos, or other works), save where such loss or damage is attributed to the gross negligence of the Service, and the Winning Bidder will immediately pay the Total Purchase Price or such part as Between 10and5 may require. All Sales are final. Lots will be released to you (or the shipping company, as applicable) upon our receipt of payment of the Hammer Price in full from you.
3. Invoices and Payments. All invoices must be paid within ten (2) calendar days after the close of the Auction. If you fail to comply with the terms of the payment plan or extended payment period, upon your default, Between 10and5 shall have the unequivocal right, at its sole discretion, to sell some or all of the property on which you were the Winning Bidder, and to apply the proceeds toward the balance of any monies owed by you to Between 10and5.