Terms & Conditions of “The Collectors Circle Auction”

The Terms and Conditions of the online auction in support of Baycrest Foundation (the “Auction”) differ from those of auction host, Waddington’s (onlineauctions.waddingtons.ca).

By participating in this auction, you agree to the Terms and Conditions herein.

For this Auction, no buyer’s premium will be added to your invoice. HST will be added to the total purchase price. The gallery or artist consigning the lot (collectively the “Designates”) will invoice the buyer at the email address that they use to register at Waddington’s. Buyers are responsible for pick-up/delivery, and as detailed in the Shipping & Delivery section below, certain shipping costs may be added to your invoice. Bidders are legally responsible for all bids that they have placed, and all sales are final.

Please review the full Terms & Conditions.

Terms of Bidding

Bidders must register for an account at onlineauctions.waddingtons.ca in order to participate in the online auction. The bidder’s email address, as registered with Waddington’s at onlineauctions.waddingtons.ca, will be shared with Baycrest Foundation and their Designates for administrative purposes. The email will be used for Auction-related communications only.

  • When you register to bid, you are agreeing to these Terms and Conditions.
  • The buyer will be the highest bidder for the lot (the “Buyer”) and the Buyer immediately assumes full risk and responsibility for the lot.
  • All sales are final. No purchase can be returned, refunded or exchanged. Bidders are legally responsible for all bids that they have placed, even if a bid has been placed in error.
  • No buyer’s premium will be added to the total purchase price.
  • HST will be added to the total purchase price.
  • Successful bidders must pay for their purchases by Visa or Mastercard, within 48 hours of receiving their invoice, directly from the Baycrest Foundation or Designates.
Bidding Notes

Lots are listed in the numeric order by which they will close. Lots begin closing in groups of 25 lots every 10 minutes on the final day of the auction on December 3, 2020. For example, lots 1 to 25 will start to close at 8:00 pm while lots 26-51 will start to close at 8:10 pm. This continues until the final lots of the auction are closed.

A proxy bid is the highest price a bidder is willing to pay for a lot. Your bidding stops when your proxy bid is reached, or the auction closes. Your bid will automatically increase every time someone bids against you by the next bid increment until your proxy bid is reached. The Quick Bid button is a way for you to bid the next bid increment immediately. It is often used in the last minutes of an auction when bidding becomes more aggressive.

If a bid is placed on a lot within the last 5 minutes of bidding on that lot, the lot’s auction end-time will extend 5 minutes from the time the last bid is placed. This will continue until there is no bidding for 5 minutes on each lot.

Bidders will be notified by email when they are outbid and will also receive an alert if they are on the bidding site at the time they are outbid. The Buyer will also be notified of their purchase by email following the end of the auction by Baycrest or Designates. In the case of identical bids, the earliest received bid will take precedence. Baycrest Foundation, the Designates, and Waddington’s are not responsible for technical errors or failures to execute bids.

Bid increments differ depending on the starting bid price of each lot. The starting bid represents a percentage of the estimate and is the minimum the lot can be sold for. The starting bid will vary.

Baycrest Foundation, the Designates, or Waddington’s, reserves the right to withdraw any lots listed in the Auction catalogue at any time before the actual Auction begins. Baycrest Foundation, the Designates, reserves the right to, in its sole and absolute discretion, cancel or delay the Auction at any time before the Auction begins, without prior written notice or further publication, by announcement at onlineauctions.waddingtons.ca. Baycrest Foundation, the Designates, and Waddington’s reserve the right to reject any bid or bidder in their sole and absolute discretion.

ALL PRICES ARE IN CANADIAN FUNDS.

Conditions of Sale

By bidding at auction, bidders are bound by these Terms and Conditions, as amended by any announcements, lot descriptions or posted notices, which together form the contract of sale between the successful bidder (buyer), and (auctioneer).

The Designates or Waddington’s reserve the right to withdraw any lot at any time before the actual Auction. All lots are sold on an “as is” basis, and Baycrest Foundation or the Designates or Waddington’s makes no warranties or representation of any kind or nature with respect to any art or other items being auctioned, including but not limited to any representation or warranty of description, genuineness, attribution, provenance, or physical condition. All warranties and conditions implied by law are hereby excluded. Bidders and purchasers may not rely upon any statement of Baycrest Foundation or the Designates, oral or otherwise, other than as set forth in these conditions of sale. No person shall have recourse against Baycrest Foundation or the Designates or Waddington’s for any irregularity or illegality in the Auction, or the conduct of the Auction, or of the lots.

Shipping & Delivery

Upon completion of the Auction, the Baycrest Foundation Designates will email the successful bidder with options for how to pick up the art or have it shipped. If a successful bidder is unable to pick up the purchased lots, then the Designates can arrange for delivery for an additional fee (charged at the delivery company’s standard rates without any markup). Successful bidders shall, upon completion of the Auction, immediately assume responsibility for, and risk of loss relating to, the purchased lots. If any successful bidder fails to arrange for pick-up or delivery of their purchased lots within thirty (30) days, then storage fees shall be charged to and payable by such successful bidder starting on the 31st day after the completion of the Auction.

Due to the provincial government guidelines concerning COVID-19, the Buyer may experience delays in the shipping or delivery of their purchases.

For More Information

Should you have any further questions please contact Ian Leventhal at [email protected] or (416) 629 – 4388.