Terms & Conditions

Terms and Conditions

1. Acceptance of Term and Conditions:
User registration is conditional on acceptance of the User’s Agreement: Any person wishing to bid, buy, or sell ("the user") at Virtual Judaica Inc. (VirtualJudaica.com’s web site) must accept the terms and conditions set forth in this agreement. By registering to bid, buy or sell in the auctions at VirtualJudaica.com’s web site, the user agrees to accept all such terms and conditions and to abide by them. Notwithstanding, Virtual Judaica Inc. reserves the right to refuse registration at its sole discretion. Virtual Judaica Inc. reserves the right to change such terms and conditions, to add new ones, or to omit any of them at its discretion. Any such changes, additions, and omissions will become effective ten (10) days after they are posted on Virtual Judaica Inc.’s web site. If the registered user does not accept such changes, additions, and omissions, he should not continue to use the site. By continuing to use the site after the said date, the user agrees to accept such changes, additions, and omissions and abide by them.

 

2. Eligibility to register and to use VirtualJudaica.com’s web site:
The use of VirtualJudaica.com’s web site to sell, bid and buy is limited to persons who may lawfully form legally binding contracts under applicable laws and have been properly registered at VirtualJudaica.com’s web site. VirtualJudaica.com’s web site is not available to minors, as legally defined in their countries or states of residence. The use of VirtualJudaica.com’s web site is only available to individuals and others who have established a sufficient line of credit with Virtual Judaica Inc. Any person wishing to bid, buy, or sell at Virtual Judaica Inc. must register by filling out the online Registration Form. Virtual Judaica Inc. reserves the right to deny registration to persons who have not met the terms of eligibility.

 

3. Accuracy of information provided by the user:
Information provided by the user at registration, and such that is modified by him at any time thereafter, must be truthful. The user must register by his legal name, provide his current address, phone number, e-mail address, and valid credit card information or ID number (where and when applicable).

4. Seller’s title to auctioned item (see seller’s role below):
The seller of an item on VirtualJudaica.com’s web site warrants that he is the rightful owner of said item and has title to it, or that he is in possession of power of attorney from its rightful owner to sell said item. The seller also warrants that the item is free from any lien or encumbrance.

5. Binding commitment to conclude the transaction:
The bidder, whose last bid is declared by Virtual Judaica Inc. as the winning bid ("hammer price"), agrees to take possession of the auctioned item and remove it from Virtual Judaica Inc.’s or the seller’s premises within the period and according to the terms specified below. The buyer will make all payments due to Virtual Judaica Inc. within the period and according to the terms specified below. The seller agrees to transfer title and possession of the auctioned item to the buyer designated by Virtual Judaica Inc., once he has received payment (net of commissions, fees and deductions). Bidder agrees to pay any additional costs (such as handling and shipping), and all fees and taxes if applicable.

6. Virtual Judaica Inc.’s role and services:

6.1 Venue for online auctions:
VirtualJudaica.com’s web site provides sellers and prospective buyers of rare Judaica a structured, secure and safe Internet platform/venue to sell such items and bid on them.

6.2 Evaluation and appraisal of objects offered at VirtualJudaica.com’s web site – Terms of Warranty:
Virtual Judaica Inc. takes upon itself to expertly evaluate the authenticity of items offered for sale at VirtualJudaica.com’s web site and appraise their market value (the "Information"). Virtual Judaica Inc. will provide bidders with such Information, to be posted at VirtualJudaica.com’s web site on the page describing said items (the market value of an auctioned item is represented in its "Estimate"). In no event shall Virtual Judaica Inc. be responsible for the correctness of such Information, and no statement made at the site, sale, invoice or elsewhere – expressed or implied - shall be deemed such a guarantee, warranty or representation of liability. Virtual Judaica Inc. is responsible to the buyer alone for the attribution of a painting, or a sculpture, or a work of art to a certain artist in the catalogue, only by putting the artist’s full name ahead of the description. Virtual Judaica Inc. also warrantees all items to be, as described in the Information on the site (see 6.3 below). The buyer may give notice in writing to Virtual Judaica Inc. within seven (7) days from the date of the sale, that the object he has acquired is not the work of the artist to whom it is attributed in the catalogue or the item is not in the condition described. If this claim is substantiated to the satisfaction of Virtual Judaica Inc., the purchase price paid will be refunded to the buyer in full within thirty days of receipt of the written notice, provided that the item has been returned in the same condition in which it was sold. The buyer shall then have no further claim whatsoever against Virtual Judaica Inc. The seller of the object will reimburse Virtual Judaica Inc. the amount refunded to the buyer.

BUYERS ARE REQUESTED TO INSPECT ALL ITEMS PRIOR TO BIDDING.

6.3 Describing the condition of objects offered at Auction:
Objects are sold "as is". Virtual Judaica Inc. takes upon itself to describe as best as it can the physical condition of each object. The description, whenever appropriate, will be posted at Auction’s site on the Information page describing the object. Neither Virtual Judaica Inc. nor seller makes any warranties or representation of any kind with respect to the condition of objects offered for sale. In no event shall Virtual Judaica Inc. be responsible for the object’s condition, and no statement made at the site, sale, invoice or elsewhere shall be deemed such a warranty or representation of liability.

6.4 Setting fees for using VirtualJudaica.com’s web site and for optional services:
Virtual Judaica Inc. reserves the right to determine the fee sellers and/or buyers must pay Virtual Judaica Inc. for services rendered. A detailed list/schedule of fees is posted at the "Services & Fees" page. Virtual Judaica Inc. may change such fees from time to time. A ten (10) day notice will be posted on VirtualJudaica.com’s web site home page before such changes become effective.

6.5 Offering services to users:
Virtual Judaica Inc. offers users a number of services, the list and description of which are posted at VirtualJudaica.com’s web site. Some of these services – whether required or optional - carry a fee, others are provided to users free of charge. Virtual Judaica Inc. reserves the right to make changes to the list of services it provides – add, omit, or modify – and to change the fees users are charged. A ten (10) day notice will be posted on VirtualJudaica.com’s web site home page before such changes become effective.

6.6 Virtual Judaica Inc. payment service:
Virtual Judaica Inc. is responsible for the collection of payments from buyers on behalf of the sellers, and for transferring them to sellers (net of commissions, fees and other deductions, as applicable). Accepted methods or instruments of payment are posted on VirtualJudaica.com’s web. Items will be released to the buyer only after full payment (including fees, charges, and taxes as applicable) had been received.

6.7 Guaranteeing a seller’s reserve price:
Unless a seller specifies a reserve price, his auctioned item is without reserve. Virtual Judaica Inc. must approve a reserve price specified by the seller as part of the item consignment procedure. If the seller and Virtual Judaica Inc. cannot agree upon the reserve price, the item will not be consigned. Virtual Judaica Inc. warrants that a seller specified and Virtual Judaica Inc. approved reserve price will be the minimum price for which the item will be sold. If that reserve price has not been reached or exceeded the item will remain unsold. The reserve price is confidential and will remain undisclosed.

6.8 Privacy:
All information provided by a user is applied solely to the transaction of auction or auctions in which he/she is involved. Any such information will not be disclosed to third parties. Virtual Judaica Inc. is committed to protecting such information with all technological means available to it.

6.9 Consignment of items:
Virtual Judaica Inc. reserves the right to reject consignment of objects/items for sale it deems not suitable for Auction. On the basis of Virtual Judaica Inc.’s examination, evaluation, and appraisal Virtual Judaica Inc. may recommend to the seller to have the object restored, repaired, or framed, etc. as a condition to acceptance by VirtualJudaica.com’s web site. Virtual Judaica Inc. will provide the seller with names and addresses of experts approved by Virtual Judaica Inc. The seller will carry the full costs of such restoration, repair, framing, etc.

6.10 Withdrawal of items from the auction:
Virtual Judaica Inc. reserves the right to withdraw an item from the auction at any time, to shift an item from one category to another, and or to terminate a sale prior to the scheduled date at its sole discretion.

6.11 Refunds and reimbursement:
The seller agrees that he will reimburse Virtual Judaica Inc. the full amount paid by the buyer within three years from the date of the sale if Virtual Judaica Inc. decides to refund the buyer because of misrepresentation, fraud, or theft and the buyer returned the item.

6.12 Site operation:
Virtual Judaica Inc. will endeavor to operate the site for 24 hours every day for the duration of the Auction and the preceding on-view period. Virtual Judaica Inc. will not be held responsible/liable for any damages to users resulting from inability to use the site caused by any malfunction or failure, technical or otherwise.

7. User’s Role:

7.1 Logging-in:
Once the user’s initial registration has been approved, he/she can log-in by entering his/her user-ID and password.

7.2 Regular bidding:
Virtual Judaica Inc. sets the starting bid amount at the beginning of the auction (it may be equal to the reserve price or lower than it, but never higher). The final bidder who clicks the "submit bid" button becomes the "highest/winning bidder" and is entitled to purchase the lot for the bid amount if it exceeds or meets the reserve price. As long as the reserve price has not been met or exceeded a notice will be posted next to that lot’s bidding window stating that "The reserve price has not been met". The current bid amount is the highest placed so far (at the beginning of the auction it is the starting bid). With each new bid the current bid is increased the by the bidding increment and becomes the next bid. Each bidder whose bid is superceded by a rival bid, will be automatically notified by e-mail (or telephone, or by fax). He will be invited to place a new bid if he/she so wishes. The "highest bidder" at the time the auction closes becomes the "winning bidder". Upon completion of an auction the successful-winning bidder will be notified by e-mail (or telephone, or by fax).

7.3 Automatic proxy bid:
A proxy bid allows a bidder set a maximum price he is ready to pay for the auctioned item without having to participate personally in the bidding process. The system will bid for him as long as that maximum bid has not been reached. The automatic proxy system checks each time a rival bid has been placed and compares it to the maximum proxy bid. The system outbids the rival bids as long as that maximum bid is higher. If the maximum proxy bid is the highest bid by the time the auction ends, it becomes the winning bid. The winner will pay the last current bid, even if it is lower than the maximum proxy bid (provided the reserve price, if there is one, has been reached or exceeded). Once a rival bid supercedes the maximum proxy bid, the system will notify its bidder by e-mail (if the bidder specified e-mail notification at the time the original bid was placed) and let him/her place a new bid if he/she so wishes. If two or more identical proxy bids are placed, the one placed first will take priority. The other proxy bidders will be notified that they had been outbid. The bidder’s maximum bid is private and confidential and not accessible to anyone. If the reserve price was not met at the time you placed your automtic proxy bid, the system will automatically increase your bid in an attempt to meet the reserve price. For example, if the maximum price you entered is less than the unmet reserve price, the system will enter your maximum price as your bid. If the maximum price you entered is greater than or equal to the unmet reserve price, the system will enter the reserve price as your bid.

7.4 Reserve price:
Unless a seller specifies a reserve price (the minimal hammer price he is willing to sell the consigned item for), the item is auctioned without reserve. The seller in coordination with Virtual Judaica Inc. sets a reserve price. Virtual Judaica Inc. warrants that a seller specified and Virtual Judaica Inc. approved reserve price will be the minimum price for which the item will be sold. If that reserve price has not been reached or exceeded the item will remain unsold. The reserve price is confidential and will remain undisclosed.

7.5 Bidding increment:
Bidding increments are preset by Virtual Judaica Inc. All items will be auctions in accordance with the Increment Schedule.

7.6 Bid retraction/cancellation:
A bidder must contact Virtual Judaica Inc. by telephone if he wishes to retract his last bid. Virtual Judaica Inc. will attempt to accommodate the bidder. However, no bid retraction will be acknowledged or permitted within the last 24 hours prior to the scheduled closing time of the auction or after an auction has closed.

7.7 Scheduled Closing Time of Auctions:
The listed closing time of the auction will automatically be extended by ten (10) minutes if a bid is received within the last five (5) minutes of the scheduled closing time. If a new bid is received within the last five (5) minutes of the revised scheduled closing time it will again be extended by ten (10) minutes.

8. Making payment and taking delivery:

8.1 Payment:
Virtual Judaica will charge the credit card on file for all the net amount (the sum of the hammer price, commissions, taxes, and fees) within 48 hours of the auction’s conclusion. Where prior arrangement has been made the buyer may pay Virtual Judaica Inc. the net amount (the sum of the hammer price, commissions, taxes, and fees) within 7 days of the end of the auction by direct transfer into Virtual Judaica Inc.'s bank account, cashier’s check, money order, escrow, and wire transfer.Personal checks will be accepted from buyers of good standing previously approved by Virtual Judaica Inc.

8.2 Buyer’s premium and VAT:
A buyer’s premium of 20% of the hammer price, sales tax where and whichever is applicable, and fees if any, will be added to the hammer price for the “net amount” due from the buyer.

8.3 Taking possession and delivery:
All merchandise purchased must be paid for and removed from Virtual Judaica Inc.’s or the seller’s premises within seven days, unless other arrangements have been made with either Virtual Judaica Inc. or the seller.

8.4 Remedies:
If any lot is not paid for in full, or not removed within the time stated above, Virtual Judaica Inc. will be entitled to exercise against the buyer one or more of the rights and remedies it thinks fit. These include but are not limited to, rescind the sale, proceed for damages for breach of contract, resell the lot, charge the buyer with expenses and costs, retain that or any other lot sold to the buyer, apply any amount due to the buyer towards settlement of the price commission.

8.5 Packing and shipping:
Virtual Judaica Inc. will handle packing, shipping, and insurance of items bought. Buyers will be charged actual charges (no premium added) to their total invoice. Virtual Judaica Inc. may on occasion and its sole discretion use reputable shipping contractors on behalf of the buyer, and at buyer’s expense.

9. Seller’s Role and binding commitment to conclude the transaction:

9.1 Seller’s title to auctioned item:
The seller of an item on VirtualJudaica.com’s web site warrants that he is the rightful owner of said item and has title to it, or that he is in possession of power of attorney from its rightful owner to sell said item. The seller also warrants that the item is free from any lien or encumbrance.

9.2 Transferring possession and title:
The seller agrees to transfer title to the auctioned item (and possession of it if stored at his premises) to the buyer designated by Virtual Judaica Inc., when the following conditions have been met:

  1. Virtual Judaica Inc. sold the item to the highest bidder (the reserve price was reached or exceeded, as applicable)
  2. Virtual Judaica Inc. received full payment from buyer.

 

9.3 Consignment of items:

9.3.1 Preliminary Item registration:

  1. Online preliminary consignment: The seller will fill out and send the online consignment form found at this site.
  2. Preliminary consignment by fax or by phone: The seller will send Virtual Judaica Inc. a detailed description by fax, or contact Virtual Judaica Inc. by phone to get assistance in describing the item/object he wishes to sell.

 

9.3.2 Examination, evaluation and appraisal:

  1. If Virtual Judaica Inc. decides to proceed, the seller will be contacted by e-mail, phone or fax to set up a date for examining, evaluating, and eventually photographing the object.
  2. Based on the expert examination and evaluation, Virtual Judaica Inc. will advise the seller of the object’s estimated value, authenticity, and condition (see 6.2-6.3 above on Virtual Judaica Inc.’s warranties and liability with regard to such Information).
  3. Virtual Judaica Inc. may recommend to the seller to have the object restored, repaired, framed, etc. Virtual Judaica Inc. will provide the seller with names and addresses of experts approved by Virtual Judaica Inc. The seller will carry the full costs of such restoration, repair, framing, etc.
  4. If Virtual Judaica Inc. agrees to accept the item for the next auction, the seller and Virtual Judaica Inc. must agree on the minimum reserve price to be set.

 

9.3.3 Delivering the item to Virtual Judaica Inc. for the duration of the auction:

  1. The items accepted for sale will be shown to the public at this site and in Virtual Judaica Inc.’s showrooms for the duration of the auction.
  2. Items accepted for sale must thus be delivered to Virtual Judaica Inc.’s premises (unless otherwise agreed upon between Virtual Judaica Inc. and the seller) not later than one week before the beginning of the "on view" part of the auction (please refer to General Information page).
  3. Seller will assume responsibility for costs of packing, shipping and insurance of items to be delivered to Virtual Judaica Inc. for sale (unless otherwise agreed upon between Virtual Judaica Inc. and the seller). Sellers will be provided with the names and addresses of reputable shipping contractors. Virtual Judaica Inc. may order such services on behalf of the seller, and at seller’s expense.

 

9.3.4. Retrieval of items

  1. Unsold and returned items must be retrieved by the sellers within ten (10) working days from the closing of the auction.
  2. Seller will assume responsibility for and costs of packing, shipping and insurance of items to be shipped to the seller (unless otherwise agreed upon between Virtual Judaica Inc. and the seller).

 

9.4 Payment of commission, fees and charges to Virtual Judaica Inc.

9.4.1 Seller’s commission:
Virtual Judaica Inc. charges a 15% seller’s commission of the hammer price on all items sold.

9.5. Collecting payment from the buyer:
Virtual Judaica Inc. is responsible for the collection of payments from buyers and for transferring them to sellers (net of commissions, fees and other deductions, as applicable). The item sold will be released to the buyer only after Virtual Judaica Inc. has received full payment (including fees, charges, and taxes if applicable).

9.6. Refunds and reimbursement
The seller agrees he will reimburse Virtual Judaica Inc. the full amount paid by the buyer within three years from the date of the sale if Virtual Judaica Inc. decides to refund the buyer because of misrepresentation or fraud, and the buyer returned the item.

9.7. Guaranteeing a seller’s reserve price
Virtual Judaica Inc. warrants that a seller specified and Virtual Judaica Inc. approved reserve price will be the minimum price for which the item will be sold. If that reserve price has not been reached or exceeded the item will remain unsold. The reserve price is confidential and will remain undisclosed.

10. Currency denominations:
Items are consigned, appraised and sold in US dollars.

11. Legal restrictions:
Some art objects and antiques may be subject to export restrictions. In such a case, Virtual Judaica Inc. will post a notice on the page describing the item notifying bidders of the existence of an export restriction. Virtual Judaica Inc. makes no warranty or representation, and accepts no liability to any user in respect of such restrictions.

12. Jurisdiction:
Virtual Judaica Inc.’s sale record is conclusive concerning winning bids. The Courts of the State of New York shall have absolute jurisdiction in respect to any dispute that may arise from the sale.