Modern & Old Master Fall Art Auction

The lots listed in this catalog will be offered by KCM Galleries as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding you agree to be bound by these Conditions of Sale. Introduction The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our saleroom. Our staff will be happy to help you if there is anything you do not fully understand. Terms & Conditions of Sale KCM Galleries believes, to the best of its knowledge,that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. KCM Galleries makes no warranties of any kind related to the information presented in any listing unless said listing states differently. Certificates Some lots are accompanied by a Certificate of Authenticity. If the Certificate is issued by a third party, that information will be in the listing and KCM Galleries accepts no responsibility for such certification and it is up to the bidder to exercise due diligence in determining the validity and value of any third party certification. If a Certificate is listed but no third party is mentioned then KCM Galleries Guarantees the authenticity of authorship on the terms and conditions set forth below. Definition of authorship - "Authorship" means the identity of the creator, the period, culture, source of origin of the property, as the case may be, as set forth in the line entitled "Artist." Definition of Medium - "Medium" means the type of art (including but not limited to all forms of printmaking, i.e. lithography, intaglio, woodcut/block, linocut, etc.; all forms of photography; all forms of drawings, paintings, and sculpture) and attribution to the artist, if known, who executed the specified medium if different from the person identified in the line entitled ?Artist?, as the case may be, as set forth in the line entitled "Medium." Guarantee Coverage - If within five (5) years from the date of the sale of any lot or purchase, the original lot purchaser of record tenders to us a purchased lot in the same condition as when sold through us; and it is established that the identification of authorship and medium (as defined above) of such lot set forth by the information provided on the verso is not substantially correct based on a fair reading of the information provided verso including the terms of our standard glossary, the sale of such lot will be rescinded and the original purchase price refunded. Non-Assignability - It is specifically understood that the benefits of the guarantee are not assignable and shall be applicable only to the original purchaser of the lot from us and not to the subsequent owners or others who have acquired an interest therein. Sole Remedy - It is further specifically understood that the remedy set forth herein, namely the rescission of sale and refund of original purchase price paid for the lot, is exclusive and in lieu of any other remedy which otherwise might be available as a matter of law. Exclusions - The guarantee covers on the correctness of the description of authorship and medium (as defined in paragraph 1 +2 of the terms of the guarantee) as identified verso in the lines entitled "Artist" and ?Medium?; but does not extend to titles or other identification of offered lots or descriptions of physical condition or size, quality, rarity, importance, provenance, exhibitions and literature of historical relevance, which information appears verso. Although our best judgement is used in descriptions and due care is taken to insure the correctness of the supplemental material which appears exclusive from the lines "Artist" and ?Medium? Guarantee does not extend to any possible errors or omissions therein. Any representation of value represents our opinion of fair market value assuming normal gallery circumstances. That is the level at which a willing seller (typically a gallery) will sell to a willing buyer with neither being under a compulsion to sell or buy. We do not rely on any auction prices to arrive at any value stated or presented to purchaser. We specifically exclude all auction prices in the value process. For lots that are not accompanied by certification KCM Galleries. KCM Galleries makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. Photos and other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot. General Terms and Conditions All property is sold "as is", and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. We reserve the right to withdraw any property before and during the sale, as well as reserve the right to group one or more lots into one or more selling lots, or to subdivide into two or more selling lots. KCM Galleries shall have no liability whatsoever for such withdrawal, addition or amendment. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids. The purchase price payable by a buyer at auction shall be the final bid. Payments Include Check, Money Order, Wire Transfer, PayPal, and All Major Credit Cards. 20% Restocking fee applies to merchandise rejected by the buyer due to reasons other than misrepresentation by KCM Galleries. All residents of Florida are subject to a Florida State Sales Tax rate of 6.0% unless a valid Florida State sales tax exemption certificate is presented before the sale. All sales are final. No lots are sold on approval. Placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. KCM Galleries is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of KCM Galleries and are in KCM Galleries sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in KCM Galleries sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused. Delivery refusal of items shipped by KCM Galleries to the bidder constitutes an unauthorized return in direct violation of these general terms and conditions. If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, misdelivered or lost prior to delivery, KCM Galleries shall not be liable for any amount in excess of that paid by the purchaser. In the event that a bidder does not respond to KCM Galleries request for payment or does not fulfill complete payment within three business days, a second attempt for payment will be sent. A final invoice will be sent soon thereafter and if payment in full is not received the account will be reported to Live Auctioneers as a non-responsive bidder and the Bidder will not be able to participate in any further auctions. Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, or other shipping enterprise for delivery and/or packing. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process (if insurance was available) or the carrier and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of KCM Galleries. KCM Galleries is not responsible to any loss resulting from items being shipped to an alternate address or recipient provided by Bidder. We ship primarily by USPS priority mail within a commercially reasonable time following credit of the Bidders payment to our account. On average, a Bidder may expect to receive their items within 2 weeks from payment clearing, however, now and then there may be a delay in delivery. The actual cost of shipping, insurance, registry and confirmation services is charged to the Buyer. GDPR Privacy Notice: 1. Information We Collect To fulfill your purchase, you must provide us with certain information (which you authorized by providing such information on this site or via telephone), such as your name, email address, postal address, payment information, and the details of the product that you’ve purchased. You may also choose to provide us with additional personal if you contact us directly. 2. Why we need Your Information and How we Use It We rely on a number of legal bases to collect, use, and share your information, including: as needed to provide our services, such as when we use your information to fulfill your order, to settle disputes, or to provide customer support; when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for our mailing list; if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and as necessary for the purpose of our legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving our services. We use your information to provide the services you requested and in our legitimate interest to improve our services; 3. Information Sharing and Disclosure Information about our customers is important to our business. We share your personal information for very limited reasons and in limited circumstances, as follows: Service providers. I engage certain trusted third parties to perform functions and provide services in order to facilitate the delivery of orders, etc, such as delivery companies. We will share your personal information with these third parties, but only to the extent necessary to perform these services. Business transfers. If we sell or merge our business, we may disclose your information as part of that transaction, only to the extent permitted by law. Compliance with laws. We may collect, use, retain, and share your information if we have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others. 4. Data Retention We retain your personal information only for as long as necessary to provide you with my services and as described in our Privacy Policy. However, We may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce agreements. We generally keep your data for the following time period: 5 years. 5. Transfers of Personal Information Outside the EU We may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, We may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If we are deemed to transfer information about you outside of the EU, We rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified. 6. Your Rights If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below: Access. You may have the right to access and receive a copy of the personal information we hold about you by contacting us using the contact information below. Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where we are required to store data for legal reasons) We will generally delete your personal information upon request. Object. You can object to (i) our processing of some of your information based on our legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them. In such cases, We will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons. Complain. If you reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority. 7. How to Contact Us For purposes of EU data protection law, We, KCM Galleries, am the data controller of your personal information. If you have any questions or concerns, you may contact me at kcmgalleries@gmail.com. Alternately, you may mail us at: KCM Galleries LLC, 1820 NE 26th Terrace, Cape Coral, Florida 33909