AUCTION PARTICIPATION CONTRACT
This contract is entered into between two parties:
a) Mr./Mrs. ________________________ (hereinafter referred to as the "ARTIST")
b) LUNA SANAT KAFE RESTORAN TİCARET VE TURİZM LİMİTED ŞİRKETİ (hereinafter referred to as "LUNA GRANDE ART").
1. The purpose of this agreement is to outline the mutual rights and obligations of the parties concerning the auction and sale of the ARTIST's works in the modern & classical artworks auction to be held on lunagrandeart.com/category/auction-artworks provided by LUNA GRANDE ART.
2. The modern & classical artworks auction, featuring various artists, will be online and available for visit, starting effectively on the first day of the month and lasting till the end of the same month. LUNA GRANDE ART will inform the ARTIST about dates and schedules before the auction, and reserves the right to change or postpone the starting or ending dates of the auction. Therefore LUNA GRANDE ART does not accept responsibility for the artist's objections regarding the delayed publication or non-publication of the artwork.
3. Prior to uploading the image of an artwork and completing the application, it is necessary to make a reservation either by the following page: lunagrandeart.com/reserve-auction-space or an alternative payment method, that our agents will guide you through.
4. LUNA GRANDE ART will promptly evaluate the artwork upon the ARTIST's application. There are no technical or subject restrictions for the ARTIST, and LUNA GRANDE ART reserves the right to accept or deny the ARTIST's application. (Artworks of hate, crime, racism, pornography, violence, promotion of illegal activities and any other categories, which we may consider as extremely disturbing, can be rejected by our curators and fail to participate in our events. Therefore all applications and uploaded artworks are carefully moderated).
5. ARTISTs may apply with as many artworks as possible. For each application, uploading the image of the artwork and filling out the information form is required. Artists must provide images in acceptable quality and complete information about the artworks they intend to participate with (Artwork Name, Artwork Dimensions, Technique, Starting Price, Buy Out Price). Accepted file formats for the images are .jpeg/.jpg/.png.
6. ARTISTs are free to share the images and detailed information of their artworks, which they wish to participate with, via email or WhatsApp. Below are LUNA GRANDE ART's contact details:
WhatsApp: +90 532 359 96 60
LUNA GRANDE ART also encourages ARTISTs to share their portfolios and get a special price quote by the following address; lunagrandeart.com/upload-portfolio
7. Sending artworks by cargo is not an accepted method of receiving the artworks. LUNA GRANDE ART does not take any responsibility for any costs associated with the cargo process or customs services.
8. Artworks are offered for sale at a starting price jointly determined by the ARTIST and LUNA GRANDE ART. The price of the artwork is updated throughout the auction based on possible price offers made through the website. The final decision regarding the starting prices of the artworks belongs to the artist. LUNA GRANDE ART may assist the ARTIST in the appraisal if requested.
9. LUNA GRANDE ART irrevocably accepts, declares, and undertakes not to demand any share (commission) over the price of the sold work(s) during the auction. If the ARTIST's artwork is sold, LUNA GRANDE ART agrees to pay the total amount to the ARTIST's bank account or payment card. However, LUNA GRANDE ART does not guarantee sales to the ARTISTs during the auction.
10. The artwork owner declares and commits that the artworks shared with LUNA GRANDE ART for online auction participation are their own products, and all intellectual property rights belong to them. They also accept full responsibility for any financial and copyright claims related to the artworks that may arise, as well as any damages that may occur in case of disputes with third parties. In case of any claim from third parties, they undertake to assume all legal/compensation/criminal liability immediately without the need for any legal action or litigation, and acknowledge that LUNA GRANDE ART will have no responsibility for any criminal or financial claims.
11. LUNA GRANDE ART is not responsible for restoration, repairing, or renewal of any part of the artworks offered for sale in the auction. All visual material, such as photographs, is for guidance only. It may not accurately represent the true color, tone, and condition of the item. The information provided about the artworks and all announcements are for general information purposes only and are not binding commitments. The buyer accepts this condition in advance.
12. LUNA GRANDE ART is not responsible for the guarantee of purchased items. Those who participate in the auction will not make any objections or claims against LUNA GRANDE ART in the future.
13. The buyer must pay the additional 20% VAT on top of the winning bid within 7 days after the sale. If the full invoice amount is not paid, the item will not be delivered to the buyer, and LUNA GRANDE ART has the right to unilaterally terminate the sales contract without any warning, and demand its losses and expenses along with commercial interest, or it can collect the full invoice amount along with monthly default interest of 10% and expenses and initiate legal action immediately.
14. Until the invoice amount is collected, the preservation of the artwork is the responsibility of LUNA GRANDE ART, and the artwork will not be delivered to the buyer until all expenses are paid by the buyer.
15. All artworks in the auction have minimum values. The sale will take place if this value is reached. Bidding is done by placing bids on our website, and other methods are not considered. Once a bidder has placed a bid, they are responsible for their bid until another legitimate bid is accepted. Price increments during the auction are made by offering bids online. The buyer is responsible for any claims arising from the sale of the artwork without the consent of the copyright owner.
16. LUNA GRANDE ART has the right to withdraw any artwork from the auction, sell it with another artwork, reject its sale, and if necessary, conduct the auction without following the catalog and order numbers.
17. Notifications and notifications made by mail, e-mail, or phone to the postal address and other contact information specified by the ARTIST in the auction participation agreement or during registration are not the responsibility of LUNA GRANDE ART for any inaccuracies, address changes, delays in reaching the address, or delays in cargo.
18. Individuals or legal entities who purchase artworks for $200 or more will have their identities verified in accordance with Law No. 4208.
19. The auction is conducted openly. Participating in the auction and making a bid means accepting all the conditions mentioned above in advance, as well as other rights and obligations owned by LUNA GRANDE ART.
20. After the sale is completed, no objections can be made to any defects in the artwork. In the event of typesetting and printing errors in the online or printed catalog, the descriptions made during the auction are taken as the basis.
21. The delivery of the sold artwork can be arranged through a domestic or international logistics company designated by the buyer, and the transportation and insurance expenses will be borne by the buyer.
22. Invoicing will be provided for auction participation services and all sold artworks. Unless a change of address is notified to LUNA GRANDE ART, notifications and transactions made to the address specified in the membership form on our website will be valid.
23. LUNA GRANDE ART reserves the right not to accept any person or make a sale, to upload and withdraw artworks from the system at any time, and to do so without notice.
24. The ARTIST consents to the publication of photographs of the works to be auctioned at LUNA GRANDE ART in all forms of written and visual media, including the internet, for activities held within the scope of the event. In the case of extending the auction period or repeating the auction, or on the official website of LUNA GRANDE ART, the ARTIST hereby irrevocably accepts, declares, and undertakes not to claim any rights or credits for the aforementioned photographs used in the announcements made with the Company.
25. Both parties mutually acknowledge that there will be no refunds or reimbursements of any kind under any circumstances, whether related to participation fees, production costs, or any other expenses incurred as part of this agreement. The ARTIST and LUNA GRANDE ART agree that all financial transactions made in connection with this contract are non-refundable. This clause is binding and shall remain in effect throughout the duration of the agreement.
26. LUNA GRANDE ART acknowledges and respects the intellectual property rights of the participating ARTISTs and their original artworks. In accordance with this commitment, the gallery shall not produce or sell printed copies of any artist's original artwork without obtaining explicit, written permission from the respective ARTIST.
27. Anyone or any organization that accepts the online auction agreement and participates in the auction is deemed to have accepted and committed to the above conditions in advance. In case of disputes arising from the auction participation terms, Istanbul courts and enforcement offices are authorized.
28. The catalog value of the artworks presented for sale at the auction is the starting price of the artwork in the auction.
29. Any text and photos published on our website may not be published or used in any way without the written permission of LUNA GRANDE ART.
30. Since the auction is carried out in accordance with Article 274 of the Turkish Commercial Code and the regulation in Article 48 of the Consumer Protection Law, the person participating in the auction does not have the right of withdrawal. If the winning bidder does not fully pay the price of the artwork within 7 days after the auction, LUNA GRANDE ART has the right to terminate the sales contract, charge a 20% penalty, and demand all its losses with a monthly 15% commercial interest to be implemented from the invoice date. Other rights and claims of LUNA GRANDE ART are reserved. Until the invoice amount is collected, the preservation of the artwork is the responsibility of LUNA GRANDE ART and the artwork will not be delivered to the buyer until all expenses are paid by the buyer.
31. In accordance with Law No. 5846, and the Council of Ministers Decision dated 27.09.2006 and numbered 2006/10880, within this scope, LUNA GRANDE ART reserves the right to recourse to ARTISTs, rights holders, or GESAM, provided that document issuance is complied with, regarding payments to be made to the owners of the artworks to be sold at the auction.
In the event of any disputes related to this contract, Istanbul, Turkey Courts and Enforcement Offices are authorized.
This contract, consisting of thirty one (31) articles, is drawn up as an original copy and enters into force upon being signed on the above-mentioned date.