Auction Terms

These Auction Terms (the “Conditions”) govern your participation in any auction conducted on the Ateliera platform by Ateliera Gallery FZE LLC (“Ateliera”). The Conditions supplement and form part of the Terms of Service and the Acceptable Use Policy. Capitalised terms used here have the meanings given in the Terms unless defined separately below.

By registering as a bidder or by placing a bid, you accept these Conditions. You are encouraged to read them carefully. They contain provisions that limit Ateliera’s liability, allocate the risk of inauthenticity to the seller and buyer in defined ways, and create binding payment obligations that survive the close of the auction.

1. Definitions

• “Auction” means any timed, live, or sealed-bid sale conducted on or through the Platform.
• “Lot” means a Work or group of Works offered for sale at the Auction.
• “Hammer Price” means the highest valid bid accepted by the auctioneer or recorded by the system at the close of bidding for a given Lot.
• “Buyer’s Premium” means the percentage applied to the Hammer Price and payable by the Buyer in addition to the Hammer Price. The Buyer’s Premium for Ateliera auctions is 25 percent (25%) of the Hammer Price.
• “Reserve” means the confidential minimum price agreed between Ateliera and the Seller below which the Lot will not be sold.
• “Estimate” means a published opinion of the likely Hammer Price expressed as a range. An Estimate is not a guarantee of price, value, or sale.
• “Buyer” means the successful bidder; “Seller” means the consignor or owner of the Lot.

2. Bidder Registration and Eligibility

2.1  To bid, you must register on the Platform, complete identity verification, and (where required) pre-authorise a valid payment method. Registration is subject to Ateliera’s acceptance.

2.2  Ateliera may decline to register any person, may require deposits or financial assurances before accepting bids on high-value Lots, and may suspend or revoke bidding privileges at any time without giving reasons.

2.3  You warrant that you are bidding on your own behalf as principal, unless you have disclosed in writing and Ateliera has accepted that you are acting as an agent for a disclosed principal. Where you act as agent, you are jointly and severally liable with your principal for all amounts due.

2.4  You warrant that you have the financial capacity to honour any bid you make, that funds used for payment derive from lawful sources, and that you are not a person subject to sanctions imposed by the UAE, the UN, the EU, the United States, or any other authority with jurisdiction over the Transaction.

3. The Lot and Catalogue Descriptions

3.1  Each Lot is sold as it is described in the catalogue listing on the Platform. Photographs, dimensions, attributions, condition reports, provenance notes, and Estimates are provided by Ateliera in good faith but are statements of opinion, not warranties.

3.2  Bidders are responsible for inspecting Lots (or arranging inspection by an appropriately qualified expert) prior to bidding. The fact that Ateliera provides photographs, condition reports, or AI-supported authentication signals does not relieve Bidders of this responsibility. To the extent permitted by law, all conditions and warranties (express, implied, statutory, or otherwise) as to the title, attribution, authenticity, originality, condition, provenance, quality, value, or fitness for purpose of any Lot are excluded, save as expressly set out in clause 9 (Limited Authenticity Warranty).

3.3  Ateliera reserves the right to amend catalogue descriptions, correct typographical errors, or update condition information at any time up to and including the opening of bidding. Material amendments will be brought to bidders’ attention via the Platform interface.

4. Bidding

4.1 Binding bids. Each bid you place is a binding offer to purchase the Lot at the bid amount plus the Buyer’s Premium and any other charges. Bids cannot be retracted.

4.2 Bid increments. Bids must conform to the increments displayed in the bidding interface. Bids that do not conform may be adjusted upward to the next valid increment.

4.3 Anti-sniping extension. Where a bid is placed in the final minutes of a timed auction, the closing time for that Lot may be automatically extended to allow competing bidders a fair opportunity to respond. The applicable extension window is shown in the bidding interface for each auction.

4.4 Maximum bids and proxy bidding. The Platform may support setting a maximum bid; the system will then increment your bid by the minimum amount necessary to keep you in the lead, up to your maximum. Your maximum bid is confidential.

4.5 Technical issues. Ateliera does not warrant that the Platform will be free from interruptions, delays, or technical errors. Bidders accept the risk of failed, duplicated, or delayed bids arising from any technical issue beyond Ateliera’s reasonable control, and waive any claim against Ateliera in respect of such issues.

4.6 Auctioneer’s discretion. The auctioneer (or, in a fully automated auction, Ateliera) has sole discretion to refuse any bid, reopen bidding on any Lot, rescind any sale where bidding error or manipulation is suspected, and to put a Lot back up for sale.

5. Reserves and Withdrawal

5.1  Lots may be sold with or without a Reserve. Where a Reserve is set, the Lot will not be sold below it.

5.2  Ateliera may withdraw any Lot from sale at any time, with or without notice, where it considers withdrawal appropriate (including for reasons of title dispute, authenticity concern, regulatory restriction, or Seller’s withdrawal request).

6. The Hammer and Conclusion of Sale

6.1  A contract of sale is formed between Buyer and Seller at the fall of the hammer (or at the close of bidding in a timed auction), at the Hammer Price, on these Conditions. Ateliera acts as the Seller’s agent in conducting the Auction and is not itself the Seller, unless expressly stated.

6.2  On the fall of the hammer, risk of loss or damage to the Lot remains with the Seller until physical delivery to the Buyer or the Buyer’s nominated carrier, in accordance with clause 8.

7. Buyer’s Premium, Taxes, and Payment

7.1 Buyer’s Premium. In addition to the Hammer Price, the Buyer pays a Buyer’s Premium of 25 percent (25%) of the Hammer Price. The Buyer’s Premium is itemised separately on the Buyer’s invoice and is retained by Ateliera as its sole commission on the Transaction.

7.2 Taxes. The Buyer is responsible for any value-added tax, sales tax, import duty, customs charge, or other tax applicable to the Transaction or the import of the Lot into the Buyer’s jurisdiction. Where Ateliera is required by law to collect tax, it will appear on the invoice.

7.3 Payment terms. The full amount due (Hammer Price + Buyer’s Premium + applicable taxes + any agreed shipping or handling) is payable within seven (7) calendar days of the fall of the hammer. Payment is made through the Platform’s payment provider.

7.4 Currency. Auctions are conducted in the currency disclosed in the Auction listing. Where the Buyer’s payment method denomination differs, the Buyer bears all currency conversion costs and exchange-rate risk.

7.5 Late payment. Amounts not paid within the 7-day window accrue default interest at a rate of 1.5 percent per month (or part thereof), or such other rate as is published in the Auction listing.

8. Collection, Shipping, and Title

8.1  Title to the Lot passes to the Buyer only on receipt by Ateliera (or the Seller, as applicable) of the full amount due in cleared funds.

8.2  Shipping is arranged by the Seller using the Platform’s preferred carrier (currently Aramex) unless the Buyer and Seller agree alternative arrangements in writing. Shipping costs are borne by the Buyer unless otherwise stated.

8.3  The Buyer is responsible for all import duties, customs clearance, taxes, and any regulatory permits required to import the Lot into the destination jurisdiction. Ateliera does not advise on, and is not responsible for, import compliance in any jurisdiction.

8.4  Where the Lot is collected in person rather than shipped, collection must take place within 14 calendar days of payment. Lots not collected within this window may attract storage charges.

9. Limited Authenticity Warranty

9.1  Where a Lot is subsequently established, by way of credible expert opinion delivered to Ateliera in writing, to be a forgery (in the sense that it is a modern fake intended to deceive as to its authorship), Ateliera will, as the Buyer’s sole and exclusive remedy and at the Buyer’s election:

• where the Hammer Price has not yet been released to the Seller, refund the Hammer Price and the Buyer’s Premium; or
• where the Hammer Price has been released to the Seller, refund the Buyer’s Premium and pursue the Seller in the Buyer’s name for return of the Hammer Price.

9.2  This warranty is subject to the following conditions: (a) written notice of the claim must be given within twelve (12) months of the date of sale; (b) the Buyer must return the Lot in the same condition as at sale; (c) the expert opinion must be from a qualified, independent expert recognised in the relevant field, with no commercial interest in the outcome; (d) the Buyer was registered for the Auction in their own name and has not been suspended or banned from the Platform; (e) the Lot was not described in a way that disclosed the possibility of the attribution in question being doubted.

9.3  This warranty does not apply to issues other than forgery, including without limitation issues of condition, restoration, age, school of, or attribution within an artist’s lifetime where reasonable opinions may differ.

10. Default by Buyer

10.1  If the Buyer fails to pay any amount in full within the 7-day window, Ateliera (in its own name and as agent for the Seller) may, at its discretion:

• cancel the sale and re-offer the Lot at the next available Auction or in private sale, at the defaulting Buyer’s risk and account;
• charge default interest at the rate specified in clause 7.5;
• recover from the Buyer the difference between the original Hammer Price plus Buyer’s Premium and the price actually realised on resale, together with all costs of re-offer (including marketing, storage, insurance, and Ateliera’s reasonable administrative costs);
• suspend or terminate the Buyer’s Account and block re-registration in accordance with clause 4.5 of the Terms;
• report the default to other auction houses with which Ateliera has reciprocal arrangements;
• commence proceedings to recover all amounts due.

11. Prohibited Bidding Conduct

11.1  The following are strictly prohibited:

• Shill bidding: bidding by the Seller, by a person connected to the Seller, or by any person acting in concert with the Seller with the intent to inflate the Hammer Price.
• Bidding rings or syndicate suppression: coordinated agreement among bidders to refrain from bidding against each other in order to suppress the Hammer Price.
• Sniping bots: automated bidding tools that exploit timing in ways inconsistent with human-paced participation.
• Identity fraud: bidding under a false identity, on a stolen payment method, or on behalf of an undisclosed principal in breach of clause 2.3.

11.2  Detection of prohibited conduct entitles Ateliera to cancel the affected sales without compensation, terminate the offending Account, recover all losses and enforcement costs, and report the matter to relevant authorities.

12. Limitation of Liability

12.1  In respect of Ateliera’s role as auctioneer and Platform operator, the limitations of liability set out in clause 13 of the Terms apply. Ateliera’s aggregate liability in respect of any Auction or Lot, whether in contract, tort, or otherwise, is in any event capped as set out in clause 13.2 of the Terms.

12.2  The Limited Authenticity Warranty in clause 9 above is the Buyer’s sole warranty in relation to the authenticity of the Lot and is exhaustive of all other warranties (express, implied, or statutory) to the maximum extent permitted by law.

13. Governing Law and Dispute Resolution

These Conditions are governed by the federal laws of the United Arab Emirates as applied in the Ajman NuVentures Centre Free Zone. Any dispute arising under these Conditions is finally resolved by arbitration in accordance with clause 16 of the Terms of Service (DIAC Arbitration Rules, seat Dubai, language English, sole arbitrator).

14. Updates to These Conditions

Ateliera may amend these Conditions from time to time. The version of these Conditions in force at the time of the Auction in which you participate applies to that Auction. The Effective date at the top of this document indicates when the current version took effect.

See also our Terms of Service, Privacy Policy, Acceptable Use Policy, and Cookie Policy.

Ateliera Gallery FZE LLC · Commercial Registration 2627214835888 · Ajman NuVentures Centre Free Zone · P.O. Box 117397, Dubai, United Arab Emirates.