TERMS & CONDITIONS -
Application -
By bidding in this auction you acknowledge that you, Buyer (or Bidder, or winning Bidder, or Purchaser, each of which four terms may be used interchangeably), hereby agree to be bound by all of the terms and conditions of this auction as described or any lot listing and these MOZERIS FINE ANTIQUES GENERAL TERMS AND CONDITIONS. These terms and conditions and the information contained in any lot listing constitute the entire agreement between Buyer and MOZERIS FINE ANTIQUES (MFA) These terms and conditions and the information contained in any listing may only be changed by MFA. By participating in this auction, Buyer acknowledges that Buyer is bound by these terms and conditions and the information contained in any listing.
LOT DESCRIPTIONS
MOZERIS FINE ANTIQUES 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. MFA makes no warranties of any kind related to the information presented in any listing. MFA further 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.
Buyer's Premium
For all sales, the buyer will pay the hammer price plus a buyer's premium.
20% of the hammer price.
PLACEMENT AND ACCEPTANCE OF BIDS
Unless the auction of a lot is announced as absolute, MFA reserves the right to accept or reject any bid for any reason whatsoever, at any time before, during or subsequent to any auction. Any and all bids made by a Bidder constitute irrevocable offers to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. At the close and reconciliation of the auction, MFA shall determine the actual winning Bidder of each lot and may, in its sole discretion, reflect as sold to any lower Bidder any duplicate item that may be available at the Bidder's maximum bid on the lot. In the event of any dispute between bidders, or in the event of doubt on MFA part as to the validity of any bid, MFA will have the exclusive final discretion to determine the successful Bidder, cancel the sale, award the lot to the next highest Bidder or Bidders or to re-offer and resell the lot in dispute and MFA is not responsible for any errors or omissions in connection therewith. Unless a sale is announced as being "without reserve," MFA reserves the right to protect any reserve price by placing and advancing floor bids up to the amount of the reserve, or remove any lot from sale without notice at any time. Bidder agrees to comply with and be specifically bound by the provisions of this paragraph.
RETURNS
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. MFA 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 MFA and are in MFA's sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 4 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. 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.
BINDING CONTRACT
Bidder's bid at all times represents an irrevocable offer by Bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by MFA. In the event that any reserve price of a lot is not exceeded by any Bidder's bid MFA, in its sole discretion, with or without the knowledge of or notice to any Bidder, may reduce any reserve price to an amount below the bid of Bidder at any time during an auction and accept the bid made by Bidder. Reserve prices are always the confidential information of MFA and are not disclosed to Bidder's unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the Bidder understands and agrees that the bid placed, once accepted by MFA, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded. All bids are binding, irrevocable and non-cancelable by Bidder.
There are no provisions for the placing of bids to "mark the lot" or to "test the system", etc. and any requests to cancel bids on these bases, or due to a Bidder not reading a listing, not being familiar with the bidding platform, not doing proper due diligence or failing to maintain proper control over Bidder's bidding terminal, bidding by mistake and the like will be denied. Such requests to cancel bids are null and void and will not excuse Bidder from Bidder's legal and contractual obligation to complete a transaction.
If you are the successful Bidder, you agree to pay the amount of your bid plus all applicable taxes and charges in the time and manner designated by MFA. Failure to make such payment shall be deemed to be a breach of these general terms and conditions, and, in addition to all other rights and remedies MFA may have under applicable law, you will be charged a re-stocking fee on transactions equal to (a) 20% of the amount of your invoice, plus £30; or (b) the cost associated with re-marketing and re-selling the lot, whichever is greater. Bidder is responsible for any and all costs associated with collection of amounts owing from the Bidder, until collected; and MFA reserves the right to bill and collect any such costs from Bidder. Costs associated with collection may include, but are not limited to, time charges, incidental expenses, attorney fees and costs associated with the use of a collection agency. And, WJA may direct the Bidder to pay any third-party collection assistance directly for their services.
The winning Bidder's failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action.
These terms and conditions, the contents of any listing and the contractual relationship between MFA and any Buyer shall be interpreted under and governed by English law.
DISCLAIMER
All property is sold "AS IS," and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. MFA may attempt to describe the merchandise in advertising and on the Internet but makes no representations. In no event shall Mozeris Fine Antiques be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
Bidders who bid from off site and are not physically present understand and acknowledge that they may not be able to inspect a lot as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. MFA shall endeavor to describe in detail each lot and any pertinent information about it. Mozeris Fine Antiques will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the lot itself. Bidder agrees that everything is sold as is and that they may not return any lot they purchase.
Under no circumstances shall Bidder have any kind of claim against MFA or anyone else if the internet service fails to work correctly before or during the live auction. MFA will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the absentee bidding feature and leave their maximum bid before the auction begins. MFA reserves the right to withdraw or re-catalog lots in any auction.
For any further questions about the above terms please call us at 01376334482.