TERMS AND CONDITIONS OF SALE
All property in the sale is offered according to the following terms and conditions and is applicable to all bidders, including Internet bidders.
1. All property is sold "as is", "where is", with any and all faults. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Art Online, shall have no responsibility & holds harmless for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. ALL SALES ARE FINAL. NO REFUNDS, RETURNS, EXCHANGES, OR REFUSALS. There are no warranties or representations of merchant-ability, of fitness, nor of any kind, express or implied. Your bid will signify that you have examined the items as fully as you desire, or that you have chosen not to examine the item. Art Online, is not responsible for any variations in appearance of online photographs. Due to various monitor settings some colors may appear different in person than online by Art Online and is not responsible.
2. All statements contained in the catalog or in any bill of sale, invoice or elsewhere as to authorship, period, culture, source, origin, measurement, count, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of Art Online, is authorized to make on their behalf or on that of the property owner any representation or warranty, oral or written, with respect to any property.
3. A bid shall be conclusive proof that the person has made themselves acquainted with these conditions of sale and has agreed to be bound by them. Art Online, is not responsible for retracting or canceling bids on live auctioneers. If an online bidder wishes to cancel or retract a bid that is solely done through live auctioneers. If a bid is not retracted or canceled prior to auction, then the buyer is responsible for the transaction.
4. The buyer shall be the highest bidder. Should a tie or dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding between the two high bidders until the property is sold.
5. The price recorded by the auctioneer and/or auction clerk takes priority and will be official. 6. Before any purchases can be removed, full payment must be made in cash, cashier check, wire transfer, credit card or other means as announced by the auctioneer before the sale. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Art Online, reserves the right to hold purchases where payment is made by check until notified by the bank that the check cleared. Art Online, reserves the right to require a bank check or wire transfer for large purchases.
7. A 20% buyer's premium will be added to the sale of each lot, plus applicable taxes, unless exempt by law or noted in catalog. Art Online currently accepts Visa, MasterCard, Discover, PayPal, personal or company check, bank wire transfers, certified check, and money orders. All credit card purchases will include a 3% credit card fee.
8. Successful Internet bidder's purchases will be charged to their credit card 24 hours after receiving an invoice from Art Online, unless other approved arrangements have been made.
9. All invoices must be paid no later than the 5th business day following the conclusion of the auction. A dispute will be entered for any invoice not paid within 5 business day. Any invoice not paid will be put into collections. A collector may contact buyers that owe Art Online, in the attempt to collect a debt. If an invoice is paid from collections an additional 20% collections fee will be added to the total invoice.
10. Upon the fall of the hammer or when the Auctioneer says, "SOLD," title on the property shall pass to the highest bidder, who thereupon assumes full risk and responsibility. All lots shall be removed from the premises by the purchaser at his own risk and expense within the time period announced by the auctioneer, and if not removed, may be sent by Art Online, to a storage facility, for the account, risk and expense of the purchaser.
11. Art Online, reserves the right to pass or withdraw any lot before or during the sale. Art Online is not responsible for appraisal or certificate, all items are sold as is.
12. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Art Online, and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the bid price. Art Online, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property publicly or privately, and in such event, the purchaser shall be liable for the payment of any deficiency plus all costs, including storage, the expense of both sales by Art Online, commission at its regular sale and all other charges due here-under, and incidental charges.
13. Under limited circumstances and at the discretion of Art Online, a restocking fee of 30% of the total winning bid may be accepted by the auction house to cancel a winning bid. The buyer is responsible for paying any freight costs for any returned merchandise accepted by Art Online.
14. Art Online, is not liable for malfunctions, errors or omissions (hardware, software, electronic, human or otherwise) whether or not due to Art Online, fault or negligence, resulting in the inaccurate transmittal of bids, the failure to execute bids or any other irregularity.
15. Use of LiveAuctioneers.com allows bidders to enter bids "live," that is, as property is offered for sale, just as if the bidder is present at the sale.
16. Bidders must register with LiveAuctioneers.com to participate in online bidding.
17. You hereby authorize Art Online, to verify the information you have provided with the appropriate third parties.
18. It is our policy to protect the identity of any and all bidders and Consignors at our sales, whether the bidder or Consignor is present or has left an execution (absentee) bid with Art Online.
19. Purchaser is responsible for all costs of shipping and making arrangements for shipping with Art Online shipper. Art Online, will take buyer ?s merchandise to our shipper once buyer has completed payment to auction house. The shipper will then contact buyer to make arrangements to ship, and buyer will pay shipper directly for any and all shipping costs. Art Online will not invoice or accept payment for shipping charges under any circumstances. Once items have been delivered to the shipper, Art Online is released of any and all responsibility and liability for those items. Buyer must allow 2 to 6 weeks for delivery of their merchandise from the date of payment to the auction house, provided buyer completes payment to shipper within 5 days of shipper?s receipt of merchandise. Art Online will not be responsible for delayed receipt of items that are a result of arrangements or negotiations with shipper. Art Online, is not responsible for any international customs or duties owed.
20. Art Online, Terms & Conditions define and control the relationship with our clients, despite the bidding venue or method the bidder employs. In the case of any disputes or conflicts between our Terms and Conditions and those of LiveAuctioneers.com, Art Online, Terms and Conditions prevail.
21. It is further agreed by signing up for an auction; the user has read, understood and accepted the terms and conditions.
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