‌
FairArt Logo

FairArt Auction Terms & Conditions – Timed Online Auctions

Last updated: [19 Nov 2025]

These Auction Terms & Conditions (“Auction Terms”) apply when you place a bid or purchase a lot in any timed online auction conducted on the FairArt platform (“Auction”, “Platform”).

By clicking “I Agree”, placing a bid, or otherwise participating in an Auction, you confirm that you:

  • have read, understood and agree to be bound by these Auction Terms;
  • agree to FairArt’s Website Terms of Use and Privacy Policy (together, the “Platform Terms”); and
  • are able to enter into a legally binding contract.

If you do not agree, do not place a bid or use the Auction features.

1. Key acknowledgements when submitting an offer

By submitting an offer or bid in a FairArt Auction, you acknowledge and agree that:

  • All bids are binding.
    All bids you place are final, binding and cannot be withdrawn (except where withdrawal is required by applicable law or expressly permitted by FairArt in its sole discretion).
  • You must complete the purchase if you win.
    If your bid is accepted and you are the successful bidder, you are legally obliged to complete the purchase on the terms set out in these Auction Terms and in the listing for the relevant lot (“Lot”).
  • Shipping, insurance, taxes and duties are separate.
    Shipping, insurance, and any applicable taxes, customs duties or import/export charges are not included in your bid. These will be calculated separately after the Auction closes and charged in addition to the hammer price.
  • You must review the Lot before bidding.
    You are responsible for carefully reviewing the Lot description, images, specifications, provenance and any other information provided on the Platform before placing a bid, and for asking FairArt any reasonable questions in advance of bidding.
  • Agreement to these Auction Terms and Platform Terms.
    By clicking “I Agree” or by placing a bid, you agree to be bound by these Auction Terms and the Platform Terms, which together form the entire agreement between you and FairArt in relation to your use of the Platform and participation in the Auction.

2. Our role and your contract

2.1 FairArt as agent.
FairArt operates the Platform and conducts Auctions as agent for the seller of each Lot (“Seller”), unless the listing clearly states that FairArt is selling as principal.

2.2 Contract for sale.
When the Auction for a Lot closes and your bid is the highest bid at or above any reserve price, and FairArt confirms that you are the successful bidder (“Buyer”), a binding contract for sale of the Lot is formed directly between you and the Seller on these Auction Terms and the terms contained in the Lot listing. FairArt is not a party to that contract of sale (unless FairArt is expressly stated as the Seller for a Lot).

2.3 Contract with FairArt.
In addition to the contract of sale with the Seller, by using the Platform you enter into a separate contract with FairArt under these Auction Terms and the Platform Terms regarding your use of the Platform and Auction services.

3. Eligibility, registration and KYC

3.1 Eligibility.
You must:

  • be at least 18 years old;
  • have full legal capacity to enter into a binding contract; and
  • not be subject to any sanctions or legal restrictions that would prohibit you from participating in the Auction.

3.2 Account registration.
To bid, you must create and maintain a FairArt account, providing accurate, complete and up-to-date information. You are responsible for keeping your login credentials secure and for all activity under your account.

3.3 KYC/AML checks.
FairArt may carry out identity, credit, sanctions, anti-money laundering (“AML”) and “know your customer” (“KYC”) checks at any time. You agree to provide any information and documentation FairArt reasonably requests. FairArt may:

  • suspend, restrict or close your account;
  • refuse or cancel bids; or
  • refuse to complete a sale

where necessary to comply with law or where FairArt has concerns about fraud, money laundering, sanctions, or other unlawful activity.

3.4 No undisclosed third-party bidding.
You may bid on your own behalf or on behalf of another person, provided that you remain responsible for compliance with these Auction Terms. FairArt may, in its discretion, require details of the underlying principal and may refuse undisclosed third-party bidding.

4. The Auction and bidding process

4.1 Timed online Auction.
All Auctions are conducted online only, for a defined period shown on the Lot page. Each Lot has a start time and scheduled end time (“Closing Time”).

4.2 Bidding steps and increments.
Bids must be placed using the bidding interface on the Platform. FairArt may set minimum opening bids and bid increments and may reject or correct obvious errors or mis-entries.

4.3 Automatic bidding and extensions.
If the Platform offers automatic or “max” bidding, the system will place bids on your behalf up to your maximum. FairArt may implement last-minute extension rules (e.g. extending the Closing Time if a bid is placed shortly before it ends) to reduce “sniping”. Any such rules will be explained on the Platform and form part of these Auction Terms.

4.4 Reserves.
Lots may be subject to a confidential reserve price. If the highest bid does not reach the reserve, the Lot may be unsold and no contract will form.

4.5 No bid withdrawal.
Once submitted, a bid cannot be withdrawn or cancelled, except where required by law or where FairArt allows this in exceptional circumstances at its sole discretion.

4.6 Winning bid and acceptance.
At or after the Closing Time, the platform will determine the highest valid bid at or above the reserve (if any). You will be notified on the Platform and/or by email if you are the winning bidder. The contract for sale is concluded at that point.

4.7 FairArt’s discretion.
FairArt may, in its sole discretion, without liability to you:

  • refuse, void or cancel any bid;
  • cancel or postpone an Auction;
  • remove any Lot;
  • correct any clerical, typographical or technical errors;
  • take any steps it reasonably considers necessary to protect the integrity of the Auction.

5. Currency, pricing, taxes and fees

5.1 Auction currency.
Unless otherwise stated on the Lot page, all bids and prices are in US Dollars (USD).

5.2 Alternative currencies.
On a case-by-case basis and only with FairArt’s prior written agreement, payment in a different currency may be accepted. In such cases:

  • FairArt will determine the applicable exchange rate and any conversion fees;
  • you bear all foreign exchange risk, including fluctuations between the Auction closing time and the time of payment; and
  • if the amount received after conversion is insufficient to cover the invoiced total, you must pay any shortfall promptly.

5.3 No buyer’s premium.
Unless otherwise stated in the Lot listing, no additional buyer’s premium is charged on top of the hammer price.

5.4 Taxes, duties and charges.
You are responsible for all applicable sales taxes, VAT, customs duties, import/export taxes, bank charges and other governmental or financial institution charges in connection with your purchase and payment.

6. Payment

6.1 When payment is due.
You must pay the full invoice amount (including the hammer price and any applicable taxes, duties and charges invoiced by FairArt on behalf of the Seller) within 48 hours of the Auction for that Lot ending, unless otherwise stated in writing by FairArt.

6.2 Payment methods.
Accepted payment methods are:

  • Bank transfer to the account specified on your invoice; and
  • Cryptocurrency to a wallet address specified by FairArt, subject to the conditions below.

6.3 Crypto payments

  • Crypto payments are subject to a 2% processing fee (or such other fee as FairArt may publish from time to time) in addition to the invoice total.
  • A crypto payment is treated as received only once the transaction has been confirmed on the relevant blockchain to FairArt’s satisfaction.
  • You bear all fluctuation and transaction risks. If, after conversion into USD (or other agreed currency), the amount received is less than the invoiced total (including the 2% fee), you must immediately pay the shortfall in fiat or additional crypto.

6.4 Cleared funds and KYC.
Payment is only considered complete when FairArt (on behalf of the Seller) has received cleared funds and is satisfied with any required KYC/AML checks.

6.5 No set-off or deduction.
You must pay all amounts in full, without set-off, counterclaim or deduction.

7. Risk, title, shipping and storage

7.1 Transfer of title.
Legal title to the Lot passes to you only when:

  • the full invoice amount and any other sums due in relation to that Lot have been received in cleared funds by FairArt on behalf of the Seller; and
  • any KYC/AML checks have been satisfactorily completed.

7.2 Transfer of risk.
Risk of loss or damage to the Lot passes to you upon delivery to you or to your nominated shipper.

7..3 Shipping and insurance

  • Shipping and insurance are not included in the hammer price and will be arranged and charged separately.
  • FairArt may provide shipping quotes or recommend third-party logistics providers, but unless explicitly stated otherwise in writing, any shipping contract will be between you and the relevant logistics provider. FairArt is not a party to that contract and is not liable for their acts or omissions.
  • You are responsible for ensuring that appropriate insurance is in place from the time risk passes to you.

7.4 Collection.
If you prefer to arrange your own shipping or collection, you must do so within the time notified by FairArt once payment has cleared. You must give FairArt reasonable notice of your collection arrangements.

7.5 Storage

  • Storage of a Lot is free of charge for 14 days from the date you are first notified that the Lot is ready for collection or shipment.
  • After this period, standard storage and handling charges may apply at FairArt’s then-current rates or those of any third-party storage provider. These costs will be payable by you on demand.
  • If you fail to collect or arrange shipment for an extended period, FairArt may treat this as a default and exercise the remedies in Clause 8.

8. Buyer default

8.1 Events of default.
You will be in default if you:

  • fail to pay the full amount due within the stated deadline;
  • fail to provide required KYC/AML information;
  • fail to collect or arrange shipping within a reasonable period; or
  • otherwise materially breach these Auction Terms.

8.2 Remedies.
Without prejudice to any rights of the Seller or FairArt under law, in the event of your default the Seller and/or FairArt may (acting in their sole discretion and without notice) take one or more of the following actions:

  • Cancel the sale of the Lot and treat the contract as terminated.
  • Charge a penalty fee equal to 20% of the hammer price of the Lot, which you agree is a genuine pre-estimate of the loss and costs that may be incurred as a result of your default.
  • Resell the Lot by auction or private sale on such terms as they see fit.
  • Recover all losses and costs arising from your default (shortfall, storage, insurance, legal fees, interest).
  • Retain any amounts already paid by you.
  • Engage third-party debt collection agencies and share your data as necessary to recover sums owed.
  • Suspend or close your FairArt account and block you from future Auctions.

8.3 Interest.
FairArt may charge interest on overdue sums at the rate of 4% per annum above the base lending rate of Barclays Bank PLC (or another major UK bank selected by FairArt) from the due date until payment in full.

9. Condition, authenticity and descriptions

9.1 New condition guarantee.
Lots offered in FairArt Auctions are new works consigned directly from artists, galleries or authorised partners. FairArt and the Seller guarantee that:

  • each Lot is an authentic work by the artist named; and
  • each Lot is in new or equivalent-to-new condition, subject only to specific disclosures.

9.2 Contractual description.
The contractual description of the Lot is limited to the information in bold or clearly highlighted sections of the listing.

9.3 Other information as opinion.
All other information is opinion only and does not form part of the contractual description.

9.4 Authenticity guarantee – duration and remedy.
FairArt and the Seller guarantee authenticity for five (5) years from the Auction date. If evidence is provided that a Lot is not authentic, FairArt may:

  • rescind the sale and arrange a refund of the purchase price actually paid; or
  • offer a replacement work of equivalent value (if available).

Refunds require returning the Lot in the same condition, excluding fair wear. Differences of scholarly opinion are excluded from the guarantee.

9.5 Exclusion of other warranties.
Except as expressly stated, no additional warranties are made.

10. Use of the Platform, IP and no-scraping rules

10.1 Platform Terms apply.
Your use of the Platform is governed by the Platform Terms in addition to these Auction Terms.

10.2 Intellectual property.
All Platform content is owned by FairArt or its licensors and protected by intellectual property laws. Use is permitted only for personal, non-commercial purposes related to viewing and bidding on Lots.

10.3 No scraping, data mining or bots.

  • No robots, spiders, scrapers or crawlers.
  • No harvesting or compiling data without permission.
  • No circumventing access controls or security measures.
  • No interference with the proper operation of the Platform.
  • No framing, mirroring or deep-linking without permission.

10.4 Copyright complaints.
If you believe content infringes your copyright, contact support@fairart.com.

11. Privacy

Your personal data will be processed in accordance with the FairArt Privacy Policy. This includes processing necessary for KYC/AML checks, managing Auctions, shipping Lots and recovering sums owed.

12. Disclaimers and limitation of liability

12.1 Platform availability.

The Platform and Auction services are provided on an “as is” and “as available” basis. FairArt does not guarantee that the Platform will be uninterrupted, error-free or free from viruses or other harmful components.

12.2 No guarantee of sale or value.

FairArt does not guarantee that any Lot will achieve a particular price or that the value of any Lot will increase after purchase.

12.3 Limitation of liability.

Nothing in these Auction Terms excludes or limits any liability that cannot be excluded or limited under applicable law (including liability for fraud or for death or personal injury caused by negligence).

Subject to that, and to any non-excludable consumer rights:

  • Neither FairArt nor the Seller will be liable for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings;
  • Nor any indirect or consequential loss or damage of any kind;
  • And FairArt’s total aggregate liability to you arising out of or in connection with a Lot or an Auction (whether in contract, tort (including negligence) or otherwise) shall not exceed the purchase price you actually paid to FairArt for that Lot.

12.4 Consumer rights.

If you are a consumer, you may have additional rights under mandatory laws of your country of residence. Nothing in these Auction Terms is intended to override those rights where they cannot lawfully be excluded.

13. Dispute resolution, arbitration and class action waiver

13.1 Informal resolution.

If you have any concern or dispute with FairArt or a Seller, you agree to first contact FairArt at [support@fairart.com] so that we can try to resolve the issue informally.

13.2 Governing law.

These Auction Terms, any contract for sale of a Lot and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws rules.

13.3 Binding arbitration (non-consumer bidders).

If you are not acting as a consumer (i.e. acting in the course of a trade, business or profession), any dispute, controversy or claim arising out of or in connection with these Auction Terms, the Platform Terms or any Auction shall be finally resolved by binding arbitration under the Rules of the London Court of International Arbitration (LCIA), which are deemed incorporated by reference. The seat of arbitration shall be London, England. The language shall be English.

13.4 Class / collective action waiver.

To the fullest extent permitted by law, you and FairArt each agree that:

  • any proceedings (whether in court or arbitration) shall be conducted only on an individual basis; and
  • neither party shall bring or participate in any class, collective or representative action or proceeding against the other.

13.5 Consumers.

If you are a consumer, you may be entitled under applicable law to bring proceedings in the courts of your country of residence, and nothing in this Clause 13 is intended to deprive you of any such mandatory right.

14. Changes to these Auction Terms

FairArt may update these Auction Terms from time to time. The version in force at the time you place your bid will apply to that Auction and any resulting sale. The current version will always be available on the Platform and at the link shown in the Auction “I Agree” modal.

15. Miscellaneous

15.1 Entire agreement.

These Auction Terms, together with the Platform Terms and the relevant Lot listing, constitute the entire agreement between you, FairArt and the Seller regarding the Lot and your participation in the Auction.

15.2 Severability.

If any provision of these Auction Terms is held invalid or unenforceable, the remaining provisions stay effective.

15.3 No waiver.

Failure or delay by FairArt or the Seller to enforce any right or remedy does not constitute a waiver of that or any other right or remedy.

15.4 Assignment.

You may not assign or transfer your rights or obligations under these Auction Terms without FairArt’s prior written consent. FairArt may assign or transfer its rights and obligations to any affiliate or successor.

15.5 Third-party rights.

Except as expressly stated otherwise, no person other than you, FairArt and the Seller has any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

15.6 Notices.

Formal notices to FairArt must be sent in writing to [support@fairart.com]. Notices to you may be sent to the email associated with your account or via the Platform.