Public Offer Agreement & Terms of Service

Effective Date: September 2026

This Public Offer Agreement (hereinafter referred to as the "Agreement") constitutes a legally binding contract between ART SURFACE (hereinafter referred to as the "Platform", "we", or "us"), operating via the website https://art-surface.com, and any individual or legal entity utilizing the Platform (hereinafter referred to as the "User", "you", "Buyer", or "Seller").

By registering on the Platform, accessing, or placing a bid on any item, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth herein.

1. Definitions

Platform: The digital infrastructure hosted at https://art-surface.com, which facilitates the hosting of online and live auctions for fine art, antiques, and collectibles.
Auctioneer / Seller: Independent auction houses, galleries, or private sellers who utilize the Platform to present and sell items.
Lot: Any item or group of items offered for sale on the Platform.
Hammer Price: The final winning bid amount accepted by the Auctioneer or the automated Platform system for a Lot.
Buyer's Premium: An additional fee charged to the winning Buyer, calculated as a percentage of the Hammer Price, exclusive of applicable taxes.

2. Role of ART SURFACE

ART SURFACE operates as an independent technical aggregator and intermediary. We provide the digital marketplace and bidding technology that connects prospective Buyers with Sellers/Auctioneers.

Unless expressly stated otherwise for a specific Lot, ART SURFACE is not the owner, seller, or auctioneer of the items listed. The contract of sale is formed directly between the winning Buyer and the respective Seller. Consequently, ART SURFACE bears no liability for the physical condition, authenticity, provenance, or delivery of the Lots.

3. User Registration and Account Security

To participate in auctions, Users must create an account. By registering, you warrant that:

You are of legal age to form a binding contract in your jurisdiction.
All information provided during registration (including identity, banking, and contact details) is accurate and current.
You are solely responsible for maintaining the confidentiality of your login credentials. Any bids placed using your account are deemed authorized by you and are legally binding.

ART SURFACE and participating Auctioneers reserve the right to request additional KYC (Know Your Customer) documentation and financial references before approving a User to bid in certain high-value auctions.

4. Bidding Rules and Mechanics

4.1. Binding Nature of Bids

All bids placed on the Platform, whether as absentee bids, automated maximum bids, or live bids, are irrevocable and constitute a legally binding offer to purchase the Lot at the specified price. Cancellation of bids by the User is not permitted.

4.2. Increments and Winning Bids

Bidding advances at increments determined by the Auctioneer or the Platform's algorithms. The highest bidder acknowledged at the close of the Lot (the fall of the hammer or digital equivalent) shall be the Buyer. In the event of a dispute, the Auctioneer retains absolute discretion to reopen the bidding or declare the final Buyer.

5. Fees, Payment, and Invoicing

5.1. The Purchase Price

The total amount payable by the Buyer (the "Purchase Price") consists of:

The Hammer Price.
The Buyer's Premium (as specified on the Lot page or auction catalog).
Applicable taxes, VAT, and customs duties.
Shipping, packing, and insurance costs (if arranged through the Seller or Platform).

5.2. Payment Terms

Invoices are issued shortly after the conclusion of the auction. Payment is due in full within seven (7) calendar days from the date of the invoice, unless otherwise stated by the Seller. Payments must be made in the currency specified on the invoice via approved payment methods (e.g., bank transfer, credit card).

6. Authenticity and Condition (Caveat Emptor)

All Lots are sold "AS IS", "WHERE IS", and with all faults. While Sellers provide descriptions, photographs, and condition reports, these are statements of opinion and should not be construed as absolute warranties of fact.

Buyers are strongly encouraged to request condition reports or inspect items physically (where applicable) prior to bidding. ART SURFACE makes no warranties, express or implied, regarding the authorship, origin, date, age, attribution, or authenticity of any Lot.

7. Shipping, Collection, and Risk of Loss

Ownership and risk of loss pass to the Buyer strictly upon full payment of the Purchase Price. It is the Buyer's responsibility to arrange for the collection or shipping of purchased Lots directly with the Seller or a third-party logistics provider.

Any export or import licenses required for the international transport of cultural goods, endangered species materials (e.g., CITES), or other restricted items are solely the responsibility of the Buyer.

8. Limitation of Liability

To the maximum extent permitted by applicable law, ART SURFACE shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of the Platform, including but not limited to:

System failures, internet outages, or latency preventing a bid from being successfully transmitted.
Disputes between Buyers and Sellers regarding the sale, payment, or quality of a Lot.

9. Intellectual Property

All content on the Platform, including text, graphics, logos, software, and bidding architecture, is the exclusive property of ART SURFACE or its licensors. Users may not copy, reproduce, or distribute any part of the Platform without prior written consent.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with international commercial law standards. Any disputes arising directly between a User and ART SURFACE shall be submitted to the exclusive jurisdiction of the competent courts at the legal seat of ART SURFACE.

Disputes between a Buyer and a Seller must be resolved directly between those parties, subject to the specific auctioneer's conditions of sale.