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AUSTRALIA PACIFIC ART AUCTIONS

ONLINE AUCTION TERMS & CONDITIONS

Effective from October 2026

These Terms & Conditions apply to all timed online auctions conducted by Australia Pacific Art Auctions (APAA) ABN 28 691 255 544, including auctions hosted through The Saleroom.

By registering to bid, placing a bid or purchasing a lot, you acknowledge that you have read, understood and agreed to these Terms & Conditions.

1. ABOUT APAA ONLINE AUCTIONS

Australia Pacific Art Auctions (APAA) is a Cairns-based specialist auction house presenting curated online auctions of Australian and international art, Indigenous art, Asian art and artefacts, numismatics, collections and other collectable property.

Our auctions are conducted as timed online auctions. There is no physical floor auction unless specifically stated.

Bidding is conducted through the online auction platform identified for the relevant auction, including The Saleroom.

The scheduled closing time for each lot is displayed on the auction platform. The platform may extend the closing time where a bid is placed close to the scheduled closing time in accordance with its bidding system.

2. APAA AS AGENT

Unless otherwise stated, APAA conducts auctions as agent for the vendor or consignor of the relevant lot.

APAA is responsible for administering the auction, presenting lots for sale, processing bids and facilitating the transaction between vendor and purchaser.

Nothing in these Terms & Conditions excludes or limits any rights or obligations that cannot lawfully be excluded or limited.

3. REGISTRATION & ELIGIBILITY

To bid, you must register with the online auction platform and be approved to participate in the relevant auction.

Bidders must provide accurate and current registration, contact and payment information.

APAA and/or the online auction platform may:

  • request identification or additional verification;

  • decline or restrict registration;

  • impose bidding limits;

  • request additional information for high-value or international transactions;

  • suspend or terminate bidding privileges; or

  • refuse a bid where there are reasonable concerns regarding identity, payment, security or the integrity of the auction.

The bidder is responsible for maintaining the security of their account and for all bids placed through their account.

4. BIDDING

Bidding is conducted in Australian dollars unless otherwise stated.

Before bidding, buyers should carefully review the lot description, photographs, estimates, condition information, dimensions, provenance information, special conditions and applicable charges.

A bid is a binding commitment to purchase the lot if the bidder is successful.

Bids cannot be withdrawn simply because a bidder has changed their mind, entered an incorrect amount or no longer wishes to purchase the lot, except where APAA agrees to withdraw the bid or where a legal right to do so applies.

The online platform may use automatic or maximum bidding, whereby a bidder nominates the maximum amount they are prepared to pay and the platform places bids on their behalf according to its bidding system.

Bidders are responsible for monitoring their own bids and should not rely solely on email notifications.

5. PROHIBITION ON VENDOR BIDDING

Vendors, consignors and their representatives must not bid on their own lots or arrange for another person to bid on their behalf for the purpose of artificially increasing the bidding price.

Bidders must not engage in collusive bidding, fictitious bidding, bid manipulation or any other conduct intended to improperly influence the auction result.

APAA may cancel or investigate bids or transactions where it reasonably suspects bidding irregularity, manipulation, fraud or other conduct that may compromise the integrity of the auction.

6. SUCCESSFUL BIDS

The highest valid bid at the close of a lot will be the successful bid, provided any applicable reserve has been met and the lot has not otherwise been withdrawn or cancelled.

APAA reserves the right to resolve any dispute concerning bidding or the auction result and may, where appropriate, reopen, cancel or re-offer a lot.

APAA may withdraw, correct or cancel a lot or transaction where there has been a material catalogue error, technical issue, suspected fraud, bidding irregularity or other reasonable circumstance affecting the integrity or accuracy of the auction.

7. BUYER’S PREMIUM

A 20% Buyer’s Premium is added to the final hammer price unless a different rate is expressly stated for a particular auction or lot.

The amount payable is:

Hammer Price + 20% Buyer’s Premium = Amount Payable

Shipping, insurance, customs duties, import charges, taxes imposed by the destination country and other applicable charges are additional unless expressly stated otherwise.

8. ESTIMATES & RESERVES

Estimates are provided as a guide to the expected market range and are not guarantees of selling price or value.

Estimates are not reserves.

Where a lot has a reserve, the reserve must be met for the lot to sell unless APAA expressly determines otherwise.

APAA may disclose whether a lot has a reserve where appropriate, but the reserve amount itself will not necessarily be disclosed.

9. CATALOGUE DESCRIPTIONS

APAA takes reasonable care in preparing catalogue descriptions, photographs and other information.

However, catalogue descriptions, photographs, estimates and other information are provided as a guide and should not be treated as a guarantee of condition, age, authenticity, attribution, provenance, completeness or value unless expressly stated.

Buyers are responsible for satisfying themselves as to the lot before bidding.

Where appropriate, APAA may provide additional photographs, information or condition reports upon request.

10. CONDITION OF LOTS

Unless otherwise expressly stated, lots are sold in the condition in which they are offered.

Artworks, antiques, collectables and other property may display signs of age, use, wear, restoration, repairs, fading, marks, imperfections, alterations or other characteristics consistent with their age and nature.

Buyers are encouraged to inspect lots where possible and to request additional condition information before bidding.

A condition report is intended to provide additional information only and does not constitute a guarantee of condition.

Nothing in these Terms & Conditions excludes any rights that cannot legally be excluded under applicable law.

11. AUTHENTICITY, ATTRIBUTION & PROVENANCE

Catalogue attributions are based on information and research available to APAA at the time of cataloguing.

Terms such as “attributed to”, “in the manner of”, “after”, “school of”, “circle of”, “style of” or “possibly” indicate the level of attribution being made and should not be interpreted as equivalent to a definitive attribution to the named artist or maker.

Where provenance or supporting documentation is available and considered relevant, it may be stated in the catalogue.

Buyers should satisfy themselves as to authenticity, attribution and provenance before bidding where these matters are material to their purchase.

12. SPECIALIST, ELECTRICAL & MECHANICAL ITEMS

Where an auction includes electrical, mechanical, technological or other specialist items, these may be offered as used, vintage, antique or collectable property.

Unless expressly stated otherwise, APAA does not warrant that such items are tested, operational, electrically safe or compliant with current Australian standards.

Buyers should obtain appropriate professional inspection, testing, servicing or certification before using such items where required.

13. PAYMENT

Following the auction, APAA will issue an invoice to the successful bidder.

Payment is via Direct Bank Transfer only. 

Payment must be arranged within 48 hours of the invoice being issued, unless otherwise agreed with APAA.

International buyers will be required to pay by international bank transfer unless another payment method has been approved by APAA.

APAA may request identification or additional verification before releasing purchased property.

If you do not receive your invoice, please check your spam or junk folder and contact APAA promptly.

14. TITLE, POSSESSION & RELEASE OF GOODS

Purchased lots will not be released to the buyer, their representative or a carrier until the purchase price and any applicable charges have been paid in full.

Unless otherwise agreed or required by law, APAA may retain possession of purchased property until payment has been received in full.

Buyers should arrange appropriate insurance for purchased property from the time responsibility for the property passes to them, particularly where goods are being collected or transported by a third party.

15. INTERNATIONAL BUYERS

International buyers are responsible for satisfying themselves that a lot may legally be exported from Australia and imported into their destination country.

The buyer is responsible for all costs associated with an international purchase, including:

  • international freight;

  • packing and crating;

  • insurance;

  • customs clearance;

  • import duties;

  • GST, VAT or equivalent destination taxes;

  • brokerage charges;

  • quarantine or inspection charges; and

  • other government, carrier or destination charges.

These costs are additional to the hammer price and Buyer’s Premium unless expressly stated otherwise.

APAA does not guarantee that any particular lot will be permitted to enter a particular country.

Buyers should investigate import, export, cultural heritage, quarantine and other applicable requirements before bidding.

16. shipping and freight

APAA will arrange shipping for buyers and collect payment for shipping, packing and handling where applicable. Shipping costs will be advised to buyers and added to their invoice or otherwise invoiced separately.

For standard-sized items suitable for ordinary courier or postal services, APAA will arrange packing and shipping in-house using Australia Post Express, tracked courier or another suitable service, as appropriate. APAA will endeavour to dispatch these items within 72 hours of payment clearing, subject to availability of packing materials, carrier services and any other circumstances that may affect dispatch.

For large, bulky, fragile, valuable or specialist items that require professional handling, crating or freight services, APAA may refer buyers to a recommended specialist shipping provider or assist in obtaining a shipping quote. The additional costs of these services are the buyer’s responsibility, and dispatch or collection timeframes will depend on the arrangements made with the provider.

Buyers are encouraged to contact APAA before bidding if they have questions about shipping availability, costs, packing requirements or delivery arrangements, particularly for large, fragile or valuable items.

Buyers may request collection from APAA in Cairns or, by prior arrangement, nominate their preferred carrier. Where a buyer arranges their own carrier, the buyer is responsible for the carrier’s charges and for confirming suitable packing, handling, transport and insurance arrangements.

Shipping arrangements, costs and delivery timeframes may vary depending on the size, weight, value, destination and handling requirements of each lot. International buyers are responsible for any applicable customs duties, import charges, destination taxes and other fees imposed by the destination country.

17. RECOMMENDED SHIPPING PROVIDERS

APAA can provide details of other shipping providers experienced in local, interstate and international transport.

Recommended providers may include:

PACK & SEND Cairns
200 Mulgrave Road, Cairns QLD 4870
(07) 4033 4500

CC Couriers FNQ
119 Hartley Street, Cairns QLD 4870
(07) 4035 5244

International Art Services (IAS)
Specialist fine-art logistics, including local, interstate and international transport and installation.

Buyers can obtain their own quotation and confirm insurance and handling arrangements directly with the carrier.

Unless APAA has expressly agreed to arrange shipping on the buyer’s behalf, any shipping arrangements made directly by the buyer are between the buyer and their nominated carrier, and the buyer is responsible for all associated costs and arrangements.

18. COLLECTION & REMOVAL

Purchased lots may be collected once payment has been received in full.

All purchased lots must be collected or placed with a nominated carrier within 5 working days of the auction, unless another arrangement has been agreed with APAA.

Where a buyer does not collect goods within this period and has not made alternative arrangements with APAA, reasonable storage fees may apply.

APAA may require buyers to make arrangements for the removal of property that remains uncollected for an extended period.

If someone other than the registered buyer is collecting a purchase, the buyer must notify APAA in advance and provide any information reasonably requested by APAA before the goods are released.

19. DELIVERY ADDRESSES & CARRIER COLLECTION

Buyers are responsible for providing accurate delivery and contact information to APAA and/or the relevant auction platform.

Where a buyer provides an incorrect address or other incorrect delivery information, the buyer is responsible for any additional costs associated with redelivery, return or recovery.

Once a third-party carrier has collected the goods, the buyer is responsible for dealing directly with that carrier regarding delivery, tracking, loss, damage or insurance, subject to any rights the buyer may have against APAA under applicable law.

20. risk, damage & insurance

Where APAA arranges shipping, APAA will maintain its applicable shipping insurance or, where available and agreed with the buyer, arrange additional transit insurance on the buyer’s behalf. Any additional insurance arranged for the buyer may incur an extra cost, which will be payable by the buyer.

Where a buyer arranges their own carrier, the buyer is responsible for ensuring that appropriate insurance is in place during transport. APAA recommends that buyers confirm their chosen carrier provides suitable insurance and handling arrangements for the value and nature of the property being transported.

Responsibility for loss or damage during transport will be determined by the shipping arrangements, applicable insurance terms and any rights or responsibilities that cannot legally be excluded.

21. FAILURE TO PAY

A successful bidder is required to complete the purchase.

If payment is not received within the applicable payment period, APAA may:

  • demand immediate payment;

  • suspend the bidder’s account or bidding privileges;

  • cancel the transaction where permitted;

  • re-offer or resell the lot;

  • recover reasonable costs or losses arising from the default, to the extent permitted by law; and/or

  • take other action available under applicable law.

A bidder who fails to complete a purchase may be refused registration for future auctions.

22. REFUNDS, RETURNS & CANCELLATIONS

22.1 No Change-of-Mind Returns

Successful bids constitute a commitment to purchase.

APAA does not accept returns or provide refunds simply because a buyer:

  • changes their mind;

  • no longer wants the property;

  • considers the property unsuitable;

  • purchases another item;

  • entered a bid in error;

  • underestimated the Buyer’s Premium, shipping, insurance, customs duties or other costs; or

  • has not inspected the property before bidding.

22.2 When a Refund or Return May Apply

A return, cancellation or refund may be considered where:

  • APAA agrees to cancel the transaction;

  • APAA has made a material error in the catalogue or description that materially affects the purchase;

  • a lot is materially different from the description or representation made by APAA;

  • there is a material issue concerning authenticity or attribution that gives rise to a valid claim;

  • the transaction is cancelled or reversed by APAA under these Terms & Conditions; or

  • the buyer has a right to a remedy under applicable Australian law.

Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, statutory right or other legal remedy that cannot lawfully be excluded.

22.3 Condition and Age-Related Matters

Normal signs of age, wear, use, restoration, repairs, fading, marks, imperfections or other characteristics consistent with the age and nature of a lot do not ordinarily constitute grounds for return or refund where these matters were disclosed, reasonably apparent from the photographs or reasonably expected for the type of property offered.

Buyers are responsible for reviewing the catalogue, photographs and available condition information and requesting further information before bidding where required.

22.4 Approved Returns

Where APAA agrees to accept a return, the buyer must:

  • contact APAA promptly;

  • provide details of the reason for the proposed return;

  • follow APAA’s return instructions;

  • return the property within the timeframe specified by APAA; and

  • ensure the property is returned in the same condition in which it was supplied, subject to the nature of the approved claim.

APAA may require photographs, documentation, expert information or other reasonable evidence before determining whether a return or refund is appropriate.

22.5 Refunds

Where APAA approves a refund, the refund will generally be limited to amounts paid to APAA for the relevant purchase, subject to any applicable legal requirements and the circumstances of the claim.

Unless otherwise required by law or agreed by APAA, buyer-arranged freight, insurance, customs duties, import charges, taxes, storage fees and other third-party charges are not refundable by APAA.

Where appropriate, refunds will generally be made to the original payment method or payer.

22.6 Damage After Collection or Third-Party Transport

APAA is not responsible for loss or damage occurring after a purchased lot has been collected by the buyer or by a carrier nominated by the buyer, except to the extent responsibility cannot legally be excluded.

Any claim concerning damage occurring during third-party transport should generally be directed to the relevant carrier and/or insurer.

22.7 Refunds Following Non-Payment or Resale

Where a buyer fails to complete a purchase and APAA subsequently cancels, re-offers or resells the lot in accordance with these Terms & Conditions, APAA may exercise any rights available under applicable law, including recovery of reasonable losses and costs arising from the buyer’s default.

22.8 APAA-Approved Cancellation

Where APAA agrees to cancel a transaction as a matter of discretion, APAA may specify the applicable return, collection, freight and refund arrangements in writing.

Nothing in this section limits any rights available to a buyer under applicable law.

23. BUYER’S RESPONSIBILITIES

Before bidding, buyers should:

  • carefully read the catalogue description;

  • examine all photographs;

  • request condition reports or additional photographs where required;

  • satisfy themselves regarding condition, attribution and provenance;

  • consider the Buyer’s Premium and other applicable costs;

  • obtain a shipping quotation where appropriate;

  • investigate import and export requirements for international purchases;

  • ensure they have appropriate payment arrangements; and

  • ensure they can collect or arrange transport within the required timeframe.

24. COPYRIGHT & CATALOGUE MATERIAL

Catalogue descriptions, photographs, images, logos and other auction material produced by APAA remain the property of APAA or the relevant copyright owner.

Such material must not be copied, reproduced, modified, published or used for commercial purposes without appropriate permission.

25. PRIVACY & PERSONAL INFORMATION

Personal information collected during registration, bidding and purchasing may be used for purposes including:

  • auction registration and administration;

  • verifying bidder identity;

  • processing bids and purchases;

  • issuing invoices;

  • processing payments;

  • arranging collection and shipping;

  • communicating with buyers and vendors; and

  • meeting legal and administrative requirements.

Where necessary, APAA may provide relevant information to The Saleroom, payment providers, shipping companies and other service providers involved in completing the transaction.

Personal information will be handled in accordance with applicable Australian privacy laws and APAA’s Privacy Policy.

26. ONLINE PLATFORM & THE SALEROOM

APAA may use The Saleroom to host and administer online auctions.

Bidders must comply with the registration, account and bidding requirements of The Saleroom in addition to these APAA Terms & Conditions.

The Saleroom may have its own terms, policies and technical procedures relating to account registration, bidding, maximum bids, auction extensions, platform operation and technical issues.

Where a matter is governed specifically by The Saleroom’s platform terms or procedures, those terms may also apply.

27. TECHNICAL ISSUES & AUCTION INTERRUPTIONS

APAA will take reasonable steps to conduct auctions as advertised but cannot guarantee uninterrupted access to an online auction platform.

APAA is not responsible for delays, interruptions or failures arising from circumstances outside its reasonable control, including internet or telecommunications failures, platform outages, technical faults, cyber incidents, power failures, natural disasters or other unforeseen events.

APAA may extend, postpone, suspend, cancel or otherwise modify an auction where reasonably necessary.

28. APAA’S RIGHTS

APAA reserves the right, where reasonably necessary and subject to applicable law, to:

  • withdraw a lot from sale;

  • correct an error or omission;

  • amend or clarify a catalogue description;

  • refuse or restrict bidding;

  • require additional bidder verification;

  • cancel a bid or transaction where there is a material error, technical issue, suspected fraud or bidding irregularity;

  • postpone or cancel an auction;

  • reopen or re-offer a lot where an auction result is affected by a material error or technical problem; and

  • take reasonable steps to protect the integrity, security and proper administration of the auction.

Where reasonably practicable, APAA will endeavour to notify affected bidders of significant changes.

29. LIMITATION OF LIABILITY

To the extent permitted by law, APAA is not liable for loss arising from circumstances outside its reasonable control, including online platform interruptions, telecommunications failures, technical errors, delays, cyber incidents, natural disasters or other unforeseen events.

Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, statutory right or other legal right that cannot lawfully be excluded, restricted or modified.

30. GOVERNING LAW

These Terms & Conditions are governed by the laws of Queensland, Australia.

Subject to any mandatory rights or remedies available under applicable law, disputes arising in connection with an APAA auction will be subject to the jurisdiction of the courts of Queensland, Australia.

31. ACCEPTANCE OF TERMS

By registering to bid, placing a bid or purchasing a lot through an APAA auction, you acknowledge that you have read, understood and agreed to these Terms & Conditions.

These Terms & Conditions should be read together with the relevant auction catalogue, individual lot information, estimates, reserves, shipping information and any special conditions applying to a particular auction or lot.

APAA may amend these Terms & Conditions from time to time. The version applicable to a particular auction is the version published at the time bidding commences, unless otherwise required by law.

ABOUT AUSTRALIA PACIFIC ART AUCTIONS

Australia Pacific Art Auctions (APAA) is a specialist auction house based in Cairns, Queensland, Australia.

APAA presents curated online auctions for Australian and international collectors, with specialist departments including:

  • Australian & International Art

  • Australian Indigenous Art

  • Asian Art & Artefacts

  • Numismatics

  • Single Owner Collections

  • Artist Collections

APAA also offers private sales and specialist collection consignments.

Australia Pacific Art Auctions
86 Lake Street
Cairns QLD 4870
Australia