Tokyo Kirin Auction Rules
These rules set forth the details regarding transactions in the auction (hereinafter referred to as the "Auction") conducted by KOKEN, Co., Ltd. Tokyo Kirin Auction (hereinafter referred to as the "Company"). Sellers, prospective buyers, and other parties subject to these rules shall be deemed to have agreed to these rules upon their participation in the Auction, including entry to the preview session by prospective buyers and the execution of consignment agreements between sellers and the Company.
Chapter 1: Pre-Auction Procedures
Article 1 (Auction Items) The Company shall sell by auction only those artworks and other items (hereinafter referred to as "Items") that have been submitted for auction by sellers and have passed the Company's review. The review shall be conducted at the Company's sole discretion, and the Company shall not be obligated to disclose the standards, methods, or other details of the review process.
Article 2 (Condition and Authenticity of Items)
1.As the Items are not new due to their nature, they are sold in their existing condition. The Company shall not be liable for any stains, scratches, defects, or any other flaws in the Items.
2.The Company does not guarantee the authenticity of the Items. Prospective buyers shall place bids at their own discretion and responsibility.
Article 3 (Preview Session)
1.The Company may hold a preview session (hereinafter referred to as the "Preview Session") before the Auction to allow prospective buyers to inspect the Items.
2.The Company may require individuals wishing to enter the Preview Session to present identification or other credentials.
3.The Company reserves the right, at its sole discretion and without providing a reason, to deny entry to the Preview Session or to request individuals to leave the session.
4.Prospective buyers shall not engage in any of the following activities at the Preview Session venue without prior approval from the Company: (1) Touching the Items, display walls, or display cases (2) Taking photographs of the Items (3) Eating, drinking, or smoking (4) Bringing animals or other prohibited items into the venue (5) Any other activities prohibited by the Company
5.The Company shall not be responsible for any discrepancies between the condition of the Items at the Preview Session and their condition at the time of delivery after the Auction.
6.With the Company's approval, the Preview Session venue may be photographed or recorded using video cameras or other recording devices.
Article 4 (Catalogs)
1.The Company shall create and distribute catalogs (hereinafter referred to as the "Catalogs") as reference materials for the Auction.
2.The images in the Catalogs are provided for reference only and may not accurately represent the color, shape, or condition of the Items.
3.The descriptions and explanations in the Catalogs (including the name of the artist, title, material, restoration details, signature, dimensions, production year, production location, authentication, provenance, literature, etc.) are primarily based on information provided by the sellers and are included for the reference of prospective buyers.
4.The estimates listed in the Catalogs are determined by the Company based on current market conditions and other factors deemed appropriate, solely for the reference of prospective buyers. The actual sale price in the Auction shall not be bound by these estimates. However, unless otherwise agreed between the Company and the seller, no Item shall be sold below the minimum sale price specified in the consignment agreement.
5.Prospective buyers shall place bids at their own discretion and responsibility, and the Company shall not be liable for the color accuracy of the images in the Catalogs, the accuracy of the descriptions, or any other information contained in the Catalogs.
Article 5 (Changes to Catalog Descriptions) The descriptions and explanations in the Catalogs may be changed without prior notice. Such changes shall be announced either through written notices posted at the Auction venue or verbally by the auctioneer (hereinafter referred to as the "Auctioneer") before the auction of the relevant Item begins. The Company shall not be liable for any changes to the contents of the Catalogs.
Chapter 2: Auction
Article 6 (Registration)
1.Bidders wishing to participate in the auction must complete the registration process designated by the company in advance.
2.Registration as mentioned in the previous paragraph can be done by one of the following methods: (1) Registering the required information via the registration form on the company's website and submitting the identity verification documents specified by the company through the website. (2) Obtaining the registration application form from the company, filling in the necessary information, and submitting the identity verification documents specified by the company via mail, email, fax, or in person at the auction venue. (3) The company may, at its discretion, refuse to register a prospective bidder or cancel the registration of a registered bidder.
Article 7 (Deposit)
1.Registered bidders must deposit a security deposit of 2,000,000 yen with the company in advance in order to participate in the auction. Without this deposit, bidders will not be allowed to enter the auction venue or participate in bidding on the auction day. The amount of the security deposit may change depending on the content of the auction.
Article 8 (Paddle)
1.Registered bidders who have deposited the security deposit and completed the registration process at the auction venue on the auction day will be issued a paddle (a numbered card) by the company.
2.Bidders are responsible for managing their paddle. If the paddle is lost and the bidder cannot participate in the auction, or if the paddle is misused by a third party resulting in damages, the company will not be held responsible.
3.At the end of the auction or when leaving the venue, bidders must return their paddles.
Article 9 (Auction Method)
1.The auction will be conducted under the direction of an auctioneer designated by the company, and bids will be raised incrementally. The bid amounts at the auction do not include the company's commission or applicable consumption tax.
2.At the auction venue, bids will be made by raising the paddle or through gestures. If the auctioneer does not recognize the bid, the company will not be held responsible.
3.The auctioneer may, at its discretion, refuse to accept a particular bid.
4.If a bidder wishes to retract their bid, they must notify the auctioneer. The auctioneer may, at its discretion, accept or reject the retraction.
5.The auctioneer will strike the hammer after calling the highest bid amount at least three times. At this point, a sales contract will be formed between the highest bidder (the "successful bidder") and the seller at the bid amount (the "hammer price").
6.Disputes or disagreements related to the auction will be arbitrated by the auctioneer, and all participants must accept their decision.
7.The company may record video and audio of the auction venue using cameras or other equipment.
Article 10 (Bidding by Mail, Fax, etc.)
1.Bidding (including retraction) for works may also be made by written document, fax, via the company's website (referred to as "written methods"), or by phone.
2.The company will submit the bid on behalf of the person who has made a bid by written methods to the auctioneer at the auction venue. The timing and method of this submission will be at the company's discretion. The person making the bid via written methods accepts that, if another bidder makes the same bid amount first, that other bidder may win the auction.
3.If there are deficiencies in the information provided in the written bid, the company may, at its discretion, treat the bid as invalid.
4.The company will not be held responsible if the written bid does not reach the auctioneer due to postal delays, line issues, communication failures, or other reasons.
5.If the description or explanation in the catalog changes, the written bid will be considered to comply with the revised explanation. The company will make efforts to notify participants of changes, but will not be responsible if such notification does not reach them.
6.If there are multiple written bids for the same amount, and this is the highest bid, a lottery will be conducted to determine the successful bidder.
7.If the bidder making a written bid becomes the successful bidder, the company will promptly notify the bidder.
8.The company may record telephone bids.
Article 11 (Online Bidding)
1.Bidding may also be done online using software or applications designated by the company.
2.Online bids will, as far as applicable, be subject to the provisions of Article 9 and the preceding article.
Chapter 3: Procedures After the Auction
Article 12 (Payment of Purchase Price)
1.The successful bidder shall not have the right to cancel the sales contract once it has been established.
2.The successful bidder shall pay the purchase price to the company, which includes the hammer price, an 18% commission fee of the hammer price, and consumption tax on the commission fee (hereinafter referred to as "purchase price").
3.If the purchase price is within the deposit amount, the company shall deduct the purchase price from the deposit amount.
4.If the purchase price exceeds the deposit amount, the successful bidder shall pay the excess amount in cash (in Japanese yen) or by credit card on the day of the auction. However, if payment is made by credit card, the company will charge an additional 5% of the payment amount as a processing fee.
5.Notwithstanding the provisions of the previous paragraph, if the company approves, the successful bidder may pay the purchase price by bank transfer to a designated account of the company within 7 days from the auction date. The transfer fee shall be borne by the successful bidder.
Article 13 (Risk Transfer and Transfer of Ownership)
1.After the sales contract is established, any risk of loss, damage, theft, destruction, contamination, or any other risks not caused by the company shall be borne by the successful bidder, and the successful bidder shall not be exempt from paying the purchase price.
2.Ownership of the work shall transfer to the successful bidder upon delivery as specified in the following article.
Article 14 (Delivery)
1.The company shall deliver the work to the successful bidder in exchange for payment of the purchase price.
2.The successful bidder must collect the work within 30 days after payment of the purchase price. If the successful bidder does not collect the work within this period, they shall pay a storage fee of ¥1,000 per day thereafter.
3.The successful bidder shall be responsible for packaging the work for pickup. The company may assist with some packaging for the bidder's convenience, but the company does not guarantee that the packaging will be sufficient and shall not be liable for any issues arising from inadequate packaging.
4.The successful bidder may collect the work at the designated location either in person, through an agent, or by appointing a transportation company, or request the company to assist in arranging a transportation company to deliver the work to the specified location.
5.When the company hands over the work to the transportation company, the delivery shall be considered complete.
6.Even if the company selects the transportation company upon request, the company shall not be responsible for the actions of the transportation company.
Article 15 (Stolen Goods and Lost Property)
If prior to delivery, a claim is made by a rightful owner or another party asserting legal ownership of the work due to theft, loss, inheritance, or any other cause, or if it is discovered that the work cannot legally be sold, the company may immediately cancel the sales contract between the seller and the successful bidder without bearing any liability for damages.
Article 16 (Default by the Successful Bidder)
1.If the successful bidder delays the payment of the purchase price, they shall be liable to pay the company a late fee of 36.5% per annum.
2.If the successful bidder delays payment, the company may cancel the sales contract between the seller and the successful bidder immediately without bearing any liability for damages. In such a case, the company shall charge the successful bidder a penalty of 30% of the hammer price.
Article 17 (Refund of Deposit)
After the auction, the company shall refund the deposit to the bidder who made the deposit, after deducting any outstanding obligations to the company, including the purchase price. No interest will be paid on the deposit, and any costs incurred in returning the deposit shall be borne by the depositor.
Chapter 4: Miscellaneous Provisions
Article 18 (Damages)
1.The company shall not be liable for any damages caused by natural disasters, riots, or any other unforeseen circumstances beyond the company's control.
2.Even if the company is liable for damages to the successful bidder, the compensation will be limited to the commission fee that the company would have earned from the sale of the work.
Article 19 (Exclusion of Anti-Social Forces)
The seller, potential buyers, and successful bidders shall guarantee that neither they nor their executives belong to or have any relationship with any anti-social forces, including organized crime groups, and that they do not have socially condemnable associations with such forces.
Article 20 (Governing Law and Jurisdiction)
1.Even if the company provides foreign language translations, the Japanese version of these terms and conditions shall prevail.
2.These terms and conditions shall be governed by Japanese law, and any disputes related to these terms shall be exclusively subject to the jurisdiction of the Tokyo District Court as the court of first instance.
Shipping Terms
Tokyo Kirin Art
Disclaimers Regarding Artwork Transportation
1.
Please ensure that you have fully read, understood, and accepted the terms of this agreement before shipping. By agreeing, you confirm your consent to adhere to the terms outlined in this agreement.
2.We reserve the right to amend the contents of this agreement and will announce any changes on our website without further notice. If you continue to use our services after the announcement of such changes, you acknowledge that you have fully read, understood, and accepted the revised terms, and agree to comply with the updated agreement.
3.By agreeing to this agreement, you confirm that you are a natural person, legal entity, or other organization with full civil rights and legal capacity as defined by law, and you are capable of assuming civil responsibility independently. The terms of this agreement are not governed by the laws of your country or region.
Transportation and Logistics
Our company actively collaborates with and recommends professional transportation companies in Japan for the shipping of artwork. However, this should be considered as a service provided to the buyer by our company, and by agreeing, the buyer voluntarily enters into a shipping agreement with the recommended transportation company.
For post-auction logistics, in order to reduce the time for EMS and domestic shipping within Japan, international EMS or domestic shipping can be directly arranged from the auction house. If EMS or domestic shipping is required, in addition to the shipping costs, a packaging fee of ¥5,000JPY (including tax) per box will be charged. For shipments to domestic Japan, the shipping will be cash-on-delivery (COD). The buyer or platform members are responsible for handling ocean freight and should directly contact the logistics company. Our company can provide contact details of the logistics company, allowing buyers to directly negotiate the transportation details.
Recommended Transportation Companies:
1.Rishin Transport Co., Ltd. (Tokyo)
2.Shinnippon Express, Co, Ltd (Tokyo)
3.Golden Bear Trinity Co., Ltd.?(Osaka)
4.Auction House Packaging and Domestic EMS shipping
*Note: For high-value items, we recommend using Golden Bear Trinity Co., Ltd.(Osaka).
Requirements
For auction house packaging and EMS domestic shipping to Japan, the packaging fees, shipping costs, and various customs duties will be borne by the buyer.
Note 1: Restricted Items for Customs:
Species and specimens covered by the Washington Convention (such as ivory, coral, rhino horn, etc.)
Valuable items that are prone to loss (such as gold, currency, etc.)
Note 2: Disclaimer
Our company will make every effort to confirm the condition of the artwork with the buyer before shipping through methods such as photographs and video recordings. We guarantee the safe dispatch of the items from our company, but we cannot assume responsibility for damage, loss, or destruction during international shipping. Since the goods are transported through multiple channels, there is a risk of loss, damage, or disappearance during transit. If you insist on having the artwork shipped through our company, you assume full responsibility for the risks involved.
By agreeing to the shipping of the artwork, you confirm your acceptance of the above terms, and this agreement will become effective upon your consent.
Tokyo Kirin Art
?130-0022 Tokyo, Sumida-ku, Chitose 2-10-3
TEL: 03-6666-9091
FAX: 03-6666-9092
EMAIL:
[email protected]
