September Fine Art & Design

Common Questions

Buyer's Premium: A 22% buyer’s premium is added to all winning bids. (on sebastiancharles.com)

Credit Card Limit: Invoices over $4,000 must be paid by check, wire transfer, or Zelle unless other arrangements have been made in advance.

Conditions

The SebastianCharles Authenticity Guarantee

At SebastianCharles, our bidders can feel confident that what they are buying is authentic merchandise. We stand behind the products we sell. We carefully inspect all items before anything is listed in our auctions. As such, we warrant that any item listed is authentic and the contents are as cataloged, subject to the terms and limitations set forth below.

Scope of Guarantee

The SebastianCharles Authenticity Guarantee applies only to the authorship, origin, date, age, period, provenance and condition as specifically stated in the item description at the time of sale and is subject to the exclusions and limitations set forth below. The Authenticity Guarantee does not apply to any subsequent changes in scholarly or academic opinion.

Time Limitation for Claims

The SebastianCharles Authenticity Guarantee is valid for a period of one hundred eighty (180) days from the date of the auction. After such time, we will not be obligated to honor the Authenticity Guarantee. Any claims regarding authenticity must be submitted in writing to SebastianCharles within this one hundred eighty-day period.

Verification Process

If you believe an item purchased from SebastianCharles is not authentic as described:

• You must notify SebastianCharles in writing within the one hundred eighty-day period, providing your contact information, invoice number, lot number, and a detailed explanation of your claim.
• You must provide, at your expense, at least two written opinions from recognized independent experts in the field, acceptable to SebastianCharles, confirming that the item is not authentic as described in the catalog.
• SebastianCharles reserves the right to consult with additional experts at our expense.
• The item must be returned to SebastianCharles in the same condition as at the time of sale.

Remedy for Non-Authenticity

If SebastianCharles determines, in its sole discretion and based on the evidence provided, that an item is not authentic as described, the sale will be rescinded and the purchase price will be refunded to the original purchaser of record. This refund constitutes the sole remedy for any item determined not to be authentic, and the buyer shall have no further claims against SebastianCharles or the consignor.

Transferability Limitation

The benefit of the SebastianCharles Authenticity Guarantee is available only to the original buyer of record shown on the invoice, and only if the buyer is the owner of the item, free from any claim by a third party. The benefit of the Authenticity Guarantee may not be transferred to any subsequent owner.

Specific Categories of Items

Jewelry

SebastianCharles guarantees the stones we represent and the purity of the metal within 20% as cataloged. This guarantee does not extend to the quality, color, or clarity grading of stones unless specifically stated in the catalog description.

Sterling Silver

SebastianCharles guarantees weight, purity, and authenticity of silver within 10% as cataloged. This guarantee does not extend to the condition or functionality of silver items unless specifically stated in the catalog description.

Artwork

SebastianCharles guarantees the artist we are stating the artwork is by, as long as it's not described as an attribution, "style of," "manner of," "circle of," "school of," or similar qualification. For artwork with such qualifications, no authenticity guarantee is provided beyond what is specifically stated in the catalog description.

Antiquities and Designer Goods

These items are included within the SebastianCharles Authenticity Guarantee as explained above. For antiquities, the guarantee applies to the age, culture, and authenticity as specifically stated in the catalog description. For designer goods, the guarantee applies to the brand authenticity as specifically stated in the catalog description.

Exclusions and Limitations

The SebastianCharles Authenticity Guarantee does not apply to:

• Subjective Condition Descriptions: While SebastianCharles strives to accurately note all conditions, it is ultimately the responsibility of the buyer to determine that condition matches their expectations. Descriptions such as "good," "fair," "excellent," etc. are subjective opinions and not covered by this guarantee.
• Changes in Scholarly Opinion: The guarantee does not apply where scholarship has developed since the auction leading to a change in generally accepted opinion.
• Scientific Verification: The guarantee does not apply if authenticity can only be shown by scientific processes that were not generally available or accepted for use at the time of publication of the catalog.
• Restoration or Alterations: Unless specifically noted in the catalog description, the guarantee does not apply to items that have been restored, altered, or modified.
• Frames, Mounts, and Cases: The guarantee does not apply to frames, mounts, or cases in which an item may be displayed, unless specifically described in the catalog as forming part of the lot.

General Terms and Conditions

Agency Relationship

Unless otherwise agreed in writing, SebastianCharles acts as agent for the seller. The contract for sale of all property is therefore made between the seller and the buyer.

As-Is Sale

All property is sold "as is" in the condition it is in at the time of the sale, with all faults and imperfections and errors of description. SebastianCharles makes no representations or warranties of any kind, express or implied, as to the merchantability, fitness for a particular purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property, except as specifically stated in the Authenticity Guarantee. No statement anywhere, whether oral or written, shall be deemed such a warranty, representation, or assumption of liability.

Inspection by Bidders

Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. SebastianCharles will provide condition reports as a courtesy to our clients, but these reports are opinions only and should not be relied upon as statements of fact.

Withdrawal of Property

SebastianCharles reserves the right to withdraw any property at any time before the actual sale, without notice or liability to any prospective purchaser.

Bidder Registration

All bidders must register their name, permanent address, and telephone number prior to the auction. SebastianCharles may require bank or other financial references and/or a deposit as a condition of allowing a person to participate in bidding.

Winners and Payment

Within 24 hours after the auction, an email will be sent to you containing your invoice and payment methods/instructions. Invoices over $4,000.00 must be paid by check, wire, or Zelle unless other arrangements have been made with the auctioneer. If you prefer to pay in cash or have a tax-exempt form, please contact the auction house before the auction closes.

Shipping and Handling

Shipping and handling are the responsibility of the buyer. SebastianCharles can recommend third-party shippers; however, we assume no responsibility for any acts or omissions by carriers or packers, whether or not they are recommended by us.

We do offer in-house shipping for certain items, including coins, jewelry, sterling silver, and small non-breakable items. All in-house shipments are fully insured and require a signature upon delivery.

If a buyer chooses to provide their own shipping label, they accept full responsibility and release SebastianCharles from all liability related to packing and transit.

Bidding on Behalf of Another

If you are bidding on behalf of another person, that person will need to complete the registration requirements before you can bid. They will also have to provide you and SebastianCharles with a signed letter authorizing you to bid for them and who is to settle the invoice in full.

Reserve

Unless otherwise indicated, all lots are subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate published in the catalog.

Auctioneer's Discretion

The auctioneer has the right at his/her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he/she may decide, to withdraw or divide any lot, to combine any two or more lots, and in the case of error or dispute, to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the item in dispute.

Successful Bids

The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute.

Title and Risk of Loss

Title to the offered lot passes to the buyer upon the fall of the auctioneer's hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other terms and conditions of the sale. The buyer assumes full risk and responsibility for the lot and shall be responsible for any loss or damage to the lot after the sale.

Export/Import Licenses

It is the buyer's sole responsibility to obtain any necessary export, import, or other licenses required for the transportation of purchased lots to another country.

Governing Law and Jurisdiction

These Terms and Conditions of Sale, as well as the buyer's and SebastianCharles' respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. By bidding at an auction, whether present in person or by agent, order bid, telephone, online or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of Minnesota.

Limitation of Liability

In no event shall SebastianCharles' liability to a purchaser exceed the purchase price actually paid for a disputed item. SebastianCharles shall not be liable for any special, consequential, incidental, or indirect damages of any kind arising out of or relating to the sale of any lot.

Indemnification

The buyer agrees to indemnify, defend, and hold harmless SebastianCharles, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) relating to or arising out of any breach by the buyer of these Terms and Conditions.

Force Majeure

SebastianCharles shall not be liable for failure to perform any obligation under these Terms and Conditions due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government restriction, strikes, labor disputes, or other force majeure events.

Severability

If any provision of these Terms and Conditions is held to be invalid, void, or unenforceable for any reason, the remaining provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Contact Information

Any questions regarding merchandise within our auctions can be directed to admin@sebastiancharles.com or call us at 612-280-1377.