BIDDER REGISTRATION TERMS & CONDITIONS
These Bidder Registration Terms & Conditions govern the registration and participation of bidders in the fashion and luxury auction conducted by Philippine Luxury Auction a company duly organized and existing under the laws of the Republic of the Philippines.
By registering for the Auction, you acknowledge that you have read, understood, and agreed to these Terms.
1. Eligibility
1.1. Registration is open to individuals who are eighteen (18) years of age or older, unless otherwise permitted by applicable Philippine law.
1.2. Philippine Luxury Auction may refuse, suspend, or cancel a bidder's registration where reasonably necessary for legal, regulatory, security, fraud-prevention, or compliance purposes.
1.3. By registering, the bidder represents and warrants that all information and documents submitted to the Auction House are true, accurate, complete, and current.
1.4. If a bidder is acting on behalf of another individual or juridical entity, the bidder represents that he/she has full authority to do so and may be required to submit a valid authorization, board resolution, secretary's certificate, special power of attorney, or other supporting document acceptable to the Auction House.
2. Registration Requirements
2.1. Philippine Luxury Auction may require the bidder to provide the following:
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Complete legal name;
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Residential or business address;
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Mobile telephone number;
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Email address;
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Valid government-issued identification;
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Tax identification details, where applicable;
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Company or business registration documents, where applicable;
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Proof of billing or payment information; and
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Other information reasonably necessary to verify the bidder's identity and eligibility.
2.2. Philippine Luxury Auction reserves the right to verify the information supplied by a bidder and to request additional documentation before permitting participation.
2.3. Registration is subject to approval by Philippine Luxury Auction. A completed registration form does not automatically guarantee the right to bid.
3. Bidder Number and Account
3.1. An approved bidder may be issued a bidder number, paddle number, online account, or other bidding identification.
3.2. The bidder is responsible for maintaining the confidentiality of his/her account credentials, passwords, bidder number, and other access credentials.
3.3. Bids submitted through a bidder's registered account or using the bidder's assigned paddle or bidding credentials may be deemed authorized bids unless Philippine Luxury Auction determines otherwise.
4. Auction and Bidding Rules
4.1. The auctioneer shall conduct the Auction in accordance with these Terms and the specific bidding procedures announced before or during the Auction.
4.2. A bid submitted by a bidder constitutes a binding offer to purchase the relevant lot at the amount bid, subject to the auctioneer's acceptance and applicable Philippine law.
4.3. Once accepted by the auctioneer as the winning bid, the sale shall be considered concluded, subject to the applicable terms of payment and completion of the transaction.
4.4. Philippine Luxury Auction and auctioneer reserve the right to:
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Reject or refuse any bid;
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Set or modify bidding increments;
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Correct an obvious bidding or recording error;
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Withdraw a lot prior to its sale;
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Reopen bidding where a material error or dispute occurs;
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Suspend or terminate bidding;
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Refuse participation by a bidder; and
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Determine the successful bidder in accordance with the announced auction procedure.
4.5. In case of a dispute regarding the bidding process, the determination of the auctioneer shall be controlling, subject to applicable Philippine law.
5. Starting Bid, Reserve Price and Hammer Price
5.1. Each lot may have a published starting bid, estimated value, and/or reserve price.
5.2. Unless expressly stated otherwise, an estimate is provided for guidance only and does not constitute a guarantee of the item's selling price or market value.
5.3. The Hammer Price is the final winning bid accepted by the auctioneer.
5.4. Where a reserve price applies, a lot will not be sold below the reserve price unless the Auction House expressly authorizes otherwise.
6. Buyer's Premium, Taxes and Other Charges
6.1. In addition to the Hammer Price, the successful bidder shall pay the applicable Buyer's Premium.
6.2. Unless otherwise stated in the relevant auction catalogue or bidding materials, the Buyer's Premium shall be:
15% of the Hammer Price
6.3. The bidder shall also be responsible for applicable Philippine taxes, duties, government charges, shipping costs, insurance, storage fees, and other charges associated with the purchase.
6.4. Where applicable, Philippine Luxury Auction may issue an official receipt, invoice, or other legally required documentation for the transaction.
6.5. All amounts due shall be paid in Philippine Pesos unless the Auction House expressly permits another currency.
7. Condition, Authenticity and Inspection of Lots
7.1. Luxury fashion, jewelry, accessories, watches, footwear, collectibles, and other items offered at auction may be pre-owned, vintage, used, altered, restored, repaired, or previously displayed.
7.2. Unless expressly stated otherwise, all lots are sold on an “AS IS, WHERE IS” basis, subject to applicable law and any express representation or warranty made by the Auction House.
7.3. Photographs, descriptions, measurements, brand references, dates, provenance information, condition reports, and estimates are provided for guidance and may not describe every imperfection.
7.4. Bidders are strongly encouraged to inspect lots personally during the designated viewing period and/or request additional information or condition reports before bidding.
7.5. Normal signs of wear, age, storage, handling, patina, discoloration, scratches, creasing, repairs, alterations, or other characteristics consistent with the item's age or use shall not, by themselves, constitute grounds for cancellation of a completed sale.
7.6. Where Philippine Luxury Auction expressly provides an authenticity guarantee for a particular lot, that guarantee shall apply only according to the terms expressly stated for that lot.
7.7. Bidders are responsible for conducting their own due diligence before placing a bid.
8. Payment Terms
8.1. The successful bidder must settle the full purchase price within three (3) calendar days from the date of the Auction, unless otherwise agreed in writing.
8.2. Payment may be made through the payment methods approved by the Auction House, including:
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Bank transfer;
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Cash, subject to applicable legal restrictions and Auction House policy;
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Credit or debit card, subject to applicable processing fees and limits; or
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Other payment methods expressly approved by the Auction House.
8.3. Philippine Luxury Auction may require payment to originate from the registered bidder or may require prior approval for third-party payments.
8.4. Payment shall be deemed completed only upon receipt of cleared funds.
8.5. Purchased items will not be released until full payment has been received and cleared.
9. Default and Failure to Pay
9.1. A bidder who fails to pay the full amount due within the prescribed period shall be considered in default, subject to applicable law.
9.2. In the event of default, Philippine Luxury Auction may, to the extent permitted by law:
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Suspend or cancel the bidder's bidding privileges;
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Retain any deposit or payment to the extent legally permissible;
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Charge reasonable storage, administrative, collection, or other applicable costs;
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Resell the lot through auction or private sale; and/or
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Seek recovery of losses, damages, costs, and expenses arising from the default.
9.3. Philippine Luxury Auction reserves all rights and remedies available under Philippine law.
10. Collection and Delivery
10.1. Fully paid purchases must be collected or scheduled for delivery within 2 to 5 calendar days after payment.
10.2. The buyer shall be responsible for reasonable shipping, packaging, insurance, delivery, and handling charges unless expressly included in the purchase price.
10.3. Items remaining with the Auction House beyond the free collection period may be subject to reasonable storage charges.
10.4. For shipped items, the buyer shall be responsible for providing accurate delivery information.
10.5. Philippine Luxury Auction shall not be responsible for delays caused by couriers, customs authorities, force majeure events, incorrect delivery information, or circumstances outside its reasonable control.
11. International Buyers and Importation
11.1. Buyers outside the Philippines are responsible for complying with the import, export, customs, tax, and other laws applicable in the destination country.
11.2. The buyer shall be responsible for applicable customs duties, import taxes, permits, brokerage fees, and related expenses.
11.3. The Auction House does not guarantee that a purchased item may be imported into any particular jurisdiction.
12. Registration Deposit
12.1. Philippine Luxury Auction may require a registration deposit before permitting a bidder to participate.
12.2. The amount and conditions of the deposit shall be communicated to the bidder before participation.
12.3. Unless otherwise stated, a deposit may be applied toward the bidder's purchase obligations if the bidder becomes a successful buyer.
12.4. Refunds of deposits shall be processed according to the Philippine Luxury Auction's stated refund procedure and applicable payment-provider timelines.
13. Online and Telephone Bidding
13.1. Philippine Luxury Auction may permit online, telephone, absentee, or other forms of remote bidding.
13.2. Remote bidding is subject to availability and technical capacity.
13.3. Philippine Luxury Auction shall use reasonable efforts to maintain the availability of its online bidding systems but does not guarantee uninterrupted service.
13.4. Philippine Luxury Auction shall not be responsible for a bidder's inability to participate caused by internet connectivity, equipment failure, telecommunications problems, platform interruptions, or other circumstances outside its reasonable control.
13.5. Where an online or telephone bidding failure occurs, the Philippine Luxury Auction may determine whether bidding will be continued, reopened, or concluded.
14. Prohibited Conduct
14.1. Bidders shall not engage in fraudulent, deceptive, collusive, manipulative, or unlawful bidding practices.
14.2. Bidders shall not:
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Submit bids without genuine intention to purchase;
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Manipulate or artificially inflate prices;
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Collude with another bidder;
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Use another person's identity or account without authorization;
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Interfere with another bidder's participation; or
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Engage in conduct that compromises the integrity of the Auction.
14.3. Philippine Luxury Auction may suspend or terminate the registration of any bidder reasonably suspected of prohibited conduct, subject to applicable law.
15. Anti-Fraud and Compliance
15.1. Philippine Luxury Auction may conduct reasonable verification procedures to prevent fraud, money laundering, identity theft, unauthorized transactions, or other unlawful activity.
15.2. Philippine Luxury Auction may request additional information regarding the identity of a bidder, the source of funds, beneficial ownership, or the purpose of a transaction where reasonably necessary for legal or compliance purposes.
15.3. Where required by law, tPhilippine Luxury Auction may disclose information to appropriate government authorities or other authorized parties.
16. Personal Data and Privacy
16.1. Philippine Luxury Auction shall process personal information in accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, its Implementing Rules and Regulations, and applicable issuances of the National Privacy Commission.
16.2. Personal information collected during registration may include the bidder's name, contact information, address, identification information, payment information, transaction records, and other information reasonably necessary for the administration of the Auction.
16.3. Such information may be processed for legitimate and specified purposes, including:
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Bidder registration and verification;
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Auction administration;
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Processing and documenting purchases;
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Payment and accounting;
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Delivery and logistics;
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Fraud prevention and security;
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Compliance with legal and regulatory obligations;
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Customer service; and
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Establishment, exercise, or defense of legal claims.
16.4. Personal information shall be processed in accordance with the principles of transparency, legitimate purpose, and proportionality.
16.5. Philippine Luxury Auction shall implement reasonable and appropriate organizational, physical, and technical measures to protect personal information against unauthorized access, disclosure, alteration, loss, or destruction.
16.6. Bidders may exercise their rights under applicable data privacy laws, including applicable rights to be informed, access, correct, object, and lodge a complaint, subject to lawful limitations.
16.7. Philippine Luxury Auction's separate Privacy Notice shall form part of the bidder registration process and shall provide further information regarding the processing of personal data.
17. Marketing Communications
17.1. Where applicable, Philippine Luxury Auction may ask bidders separately whether they wish to receive newsletters, auction announcements, invitations, promotional materials, and other marketing communications.
17.2. A bidder's consent to receive marketing communications shall not be a condition for participation in the Auction, except where otherwise permitted by applicable law.
17.3. Bidders may withdraw marketing consent in accordance with the Philippine Luxury Auction's applicable procedures.
18. Photography and Recording
18.1. The Auction, viewing events, and related activities may be photographed, filmed, or otherwise recorded for legitimate archival, editorial, documentation, or promotional purposes.
18.2. Philippine Luxury Auction shall handle any personal information obtained through such activities in accordance with applicable Philippine data privacy laws.
18.3. Any separate consent required by applicable law shall be obtained where appropriate.
19. Cancellation and Withdrawal of Lots
19.1. Philippine Luxury Auction reserves the right to withdraw any lot before the lot is sold.
19.2. Philippine Luxury Auction may postpone, cancel, suspend, or modify the Auction where reasonably necessary because of circumstances including venue issues, technical problems, security concerns, legal requirements, force majeure, or other circumstances beyond its reasonable control.
19.3. If a lot is withdrawn before a completed sale, the bidder shall have no claim to purchase that lot solely by reason of having previously registered or submitted an unsuccessful bid, subject to applicable law.
20. Limitation of Liability
20.1. Nothing in these Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under Philippine law.
20.2. Subject to the foregoing, Philippine Luxury Auction shall not be liable for indirect or consequential loss arising from circumstances beyond its reasonable control.
20.3. Philippine Luxury Auction's liability, where legally applicable, shall be determined in accordance with these Terms and applicable Philippine law.
21. Force Majeure
21.1. The Auction House shall not be considered in breach of these Terms where performance is prevented or materially affected by circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic, government action, civil disturbance, telecommunications failure, power interruption, cyber incidents, transportation disruption, or other force majeure events.
22. Governing Law
22.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
22.2. Any dispute arising from or relating to these Terms or the Auction shall, subject to applicable Philippine law and any required dispute-resolution process, be submitted to the proper courts of Taguig City, Philippines.
23. Severability
23.1. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by law.
24. Amendments
24.1. Philippine Luxury Auction may amend these Terms for future auctions. The terms applicable to a particular Auction shall be made available to bidders before or during registration.
24.2. Any material amendments applicable to an already-registered bidder shall be communicated in accordance with applicable law and the Philippine Luxury Auction's procedures.
25. Bidder Acknowledgment
By signing or electronically accepting these Terms, I confirm that:
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I am at least eighteen (18) years old;
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The information and documents I have submitted are true and accurate;
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I have read and understood these Bidder Registration Terms & Conditions;
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I understand that a winning bid may create a binding obligation to purchase the relevant lot;
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I understand that the amount payable may include the Hammer Price, Buyer's Premium, taxes, shipping, insurance, storage, and other applicable charges;
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I have had the opportunity to inspect or inquire about the condition and authenticity of the lots before bidding;
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I agree to comply with the auction rules and applicable laws of the Philippines; and
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I acknowledge Philippine Luxury Auction's Privacy Notice and its processing of my personal information for the purposes described therein.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to the services provided by Philippine Luxury Auction, including the interpretation, invalidity, or termination of these Terms and Conditions, shall be settled through amicable negotiation between the parties. Should such negotiations fail, all legal actions shall be exclusively brought before the competent courts of Taguig City, Philippines. Collectors and participants are encouraged to contact our legal department directly to address any concerns before initiating formal resolution protocols. Please paste your specific arbitration and litigation terms here to define the exact process for resolving disputes within your gallery's operational framework.
