December Disney, Designer Clothes & Fine Art

ALL SALES ARE FINAL. ALL ITEMS ARE SOLD 'AS-IS, WHERE-IS' without any guarantees expressed or implied. Colorado Premier Realty & Auction Services nor its consignor(s) makes any express or implied warranty or representation of any kind of nature with respect to merchantability, fitness for purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature, or historical significance of any lot sold. Failure to attend a scheduled preview constitutes forfeiture of bidder's rights to dispute purchase. Registration Bidder must register to bid. Auctioneer may establish such Bidder Registration Requirements and Bidder Qualifications as Auctioneer determines. In order to register to bid, Bidder must provide such information as requested by Auctioneer (including identifying information, payment information, and qualifications). Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding privileges of any Bidder. By registering to bid, Bidder represents that he/she is at least eighteen (18) years of age and is legally able to enter into a contract. Any person registering to bid on behalf of any Entity (i.e., corporation, limited liability company, or other organization) represents that he/she has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are made by or on behalf of an entity, the Entity and any individual making the bid will be jointly and severally liable on account of the bid. Inspection By placing a bid, Bidder acknowledges and agrees that he/she was offered a full and fair opportunity to inspect the Lot(s), and that he/she is relying solely on Bidder’s inspection and investigation. If Bidder waives inspection and investigation, Bidder accepts that Auctioneer is not responsible for any misrepresentation of item(s) and Auctioneer does not make any guarantee about any item, photograph, description, or any other material fact about the item provided by the Auctioneer. Description of Lots Unless otherwise expressly stated otherwise in writing, any description of a Lot is based solely on visual impression, and does not create any warranty, expressed or implied, or representation by Auctioneer or Seller. Bidder is responsible for determining functionality, authenticity, condition, and any other factors of relevance of item prior to bidding. Auctioneer and her agents agree to be as transparent as possible when describing items, but make no guarantees of accuracy. Many of these factors are subjective and auctioneer cannot be expected to ascertain each bidder’s level of concern. Withdrawal of Property by Auctioneer Auctioneer has the right to withdraw any Property from the Auction prior to the Fall of the Hammer for any reason. Buyer’s Premium All Property offered at the Auction is subject to a Buyer’s Premium in an amount equal to or less than thirty percent (30%) of the Hammer Price, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer’s Premium is earned by Auctioneer with the fall of the Hammer and is non-refundable. The Buyer's Premium will be added to the Hammer Price to determine the final Contract Price for tax purposes. Bid Retraction Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bid Retraction may result in Bidder being removed from auction or being banned from future auctions offered by Colorado Premier Realty & Auction Services, regardless of platform/location. In some cases, Auctioneer may be hosting auction on a contracted platform. Bidder may have to contact a platform administrator to alter a placed bid as Auctioneer does not have platform control. Online Auction Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information. All times are based on the local time zone at the Auction Site unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at Auctioneer’s sole and absolute discretion. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close. Auctioneer makes no representations or warranties, and disclaims all representations and warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related technology. Bidder acknowledges and accepts any and all risks associated with online activities. Bidder is responsible for all bids transmitted from Bidder’s Online Account. If a Winning Bid is submitted via Bidder’s account, you, as Bidder, will be the Buyer. Auctioneer is not required to redact or reverse bids placed “accidentally??, by other persons, or any other reason. Absentee Bids In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advanced in accordance with Auctioneer’s policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Auctioneer acts as the agent of the Seller only, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder. Absentee bids are subject to an additional fee of ten percent (10%) of total expenditure (hammer price plus buyer’s premium plus tax) and require a minimum opening bid of $20.00. Auctioneer has the right to refuse any absentee bid. Bid Increments Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion. Payment The buyer must pay the entire amount due (including hammer price, buyer’s premium, all applicable taxes, and other charges) no later than the second (2nd) business day following the sale. Online purchases must be paid by credit card, certified funds, or by wire transfer; provided, however, any online purchases in excess of one thousand dollars ($1,000.00) must be paid by certified funds or wire transfer unless other arrangements acceptable to Auctioneer are made. Other provisions of these Bidder Terms and Conditions notwithstanding, a possessory lien will exist in favor of Auctioneer and/or Seller against any unpaid Lot(s). If payment is not made by the payment due date, winning bidder will be charged his/her total invoice amount to the payment method provided during registration. Failure to Pay If bidder fails to pay for his/her purchase(s) within time provided and bidder’s card on file is not charged or is declined, bidder will be deemed to have abandoned any interest in the Lot(s), but will remain liable for payment of the Contract Price. Unpaid Lot(s) may be retained by Seller, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold at a subsequent auction, bidder in default will be liable for any shortfall or deficiency on the resale of the Lot(s), plus the costs incurred in connection with reselling the Lot(s). Auctioneer and/or Seller may, at any time, commence a lawsuit against defaulting bidder for the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the resale of such Lot(s). Bidder will not be entitled to any overage or profit generated in subsequent sale of forfeited lots. Responsibility for Bids Placed on Bidder Number Bidder is responsible for all bids made using the Bidder’s Number or Online Account. If Bidder’s Number or Online Account is lost, stolen, or misappropriated, Bidder should notify Auctioneer immediately. Bidder is liable for all bids tendered using Bidder Number or Account prior to giving Auctioneer notice that Bidder Number or Account has been compromised. Title If Bidder is certified as the Winning Bidder on a Lot, Bidder will be contractually obligated to pay the Contract Price plus Buyer’s Premium plus any taxes owed; however, title and ownership of the Lot will not pass from the Seller to Bidder until payment is made and clears Auctioneer’s account. Pick-up and Removal of Lots Bidder is responsible for pick-up and removal of his/her won Lot(s) after payment, in accordance with Auctioneer’s schedule. Pick-up location and removal dates and times will be as posted on Auctioneer's website or otherwise announced by Auctioneer. Auctioneer will not provide assistance in the form of labor or materials at pick up. Bidder is required and expected to be able to move his/her items without assistance from auction staff. Unless otherwise agreed, Bidder is solely responsible for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased. Disassembly and removal must be done in a professional and workmanlike manner. Bidder will indemnify and hold harmless both Auctioneer and Seller(s) against all damage caused in removal process regardless of who caused the damage (i.e. Bidder, employees and agents of Bidder, and contractors/agents retained by Bidder). Any and all damage, including, without being limited to damage to land or buildings, caused by Bidder or Bidder’s employees, agents, representatives, or independent contractors, will be repaired by Bidder, at Bidder’s expense, to the satisfaction of Auctioneer and Seller(s). Failure to Pick-up and “Left?? Property It is the Bidder’s responsibility to confirm pick up dates prior to bidding. By agreeing to terms and conditions and subsequent placement of any bid, Bidder agrees to the pick-up date chosen by the Auctioneer. If Bidder fails to collect won items by scheduled pick up time or leaves items behind, Auctioneer will consider those items abandoned and will dispose of those items at Auctioneer’s discretion. Bidder will not be entitled to refund and may be assessed disposal fees for abandoned or “left?? items. Auctioneer is under no obligation to offer alternate pick-up opportunities. If Auctioneer, at her discretion, offers an alternate pick up, Bidder agrees to all previously stated pick up terms as well as fee schedule below. Alternate Pick Up, Storage and Transportation By placing a bid, Bidder is conveying agreement to and acceptance of Auctioneer’s given pick-up date/schedule. Bidder may request an alternate pick-up day in writing via email to contact@colorado-premier.com prior to bidding in Auction. The Auctioneer, at her discretion, may or may not grant request for alternate pick-up day/time. All communication regarding pick-up must be in writing (email). If an alternate pick-up day is deemed acceptable by Auctioneer, Bidder agrees to pay item storage fees in the amount of $100 per week per lot. No pro-ration will be given; fees to be calculated by seven-day increments starting the day after the initial scheduled pick-up day. Auctioneer reserves the right to limit at will the amount of time she is willing to store Bidder items. If Bidder requests in writing that his/her items be moved from scheduled pick-up location to another, different location, Auctioneer may decline or accept the request at her discretion for a fee to be determined at the time the request is made and may assess storage fees described above. Shipping Colorado Premier Realty & Auction Services does offer in-house shipping for most items that can be packed into a 18 x 18 x 18 inch box or smaller. Larger items, furniture or items that require specialty packaging will need to be shipped via third-party arranged by the bidder. Bidders that request shipping of purchased lots agree to pay all fees set forth by the auctioneer and auctioneer’s contracted shipper including but not limited to fees for transfer, handling, packing, insurance, and shipping. Bidder agrees that all items, regardless of value, will be required to have shipping insurance as well as tracking. If Auctioneer deems it appropriate, Bidder may be required to provide a signature upon receipt of item(s). Once item(s) is released to carrier, Auctioneer is no longer responsible for the item. Bidder accepts and agrees to pursue loss/damage claims on his own behalf with shipper. Calculation of Sales Tax Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer’s Premium. If Bidder believes himself to be exempt from taxation, Bidder should contact Auctioneer in writing and provide a copy of his/her government issues exemption paperwork. Auctioneer reserves the right to decline any documentation she deems suspect and ban Bidder from participating in any and all Auctions. In some cases, Auctioneer may host sale through another entity. In that case, Bidder may be required to submit tax exemption documents to a second entity in order to avoid sales taxes. It is the Bidder’s responsibility to determine if he/she is required to submit documents to additional providers and to ensure that Bidder’s interests have been represented to the other entity. Returned Checks Any checks that are returned unpaid will be subject to a returned check fee in the amount of $75.00. In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid. No Stop Payment Orders or Credit Card Chargebacks Winning Bidder agrees not to, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Bidder further agrees that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and Bidder acknowledges and agrees that on Auctioneer’s presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, Bidder issues a stop payment order or initiate a credit card chargeback, Bidder will remain liable for all purchases made at the Auction, and Bidder will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and/or in collecting payment. Bidders acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number or Bidder Account to Bidder, and is being made as an inducement for Auctioneer to accept Bidder Registration, to issue a Bidder Number or Bidder Account, and to permit participation as a buyer at the Auction. Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting Bidder Registration, in issuing a Bidder Number or Bidder Account, and in permitting participation to bid at the Auction. Claims After a Lot has been removed from the Auction Site, Bidder either by Bidder or Bidder’s agent, no claims or returns will be allowed, and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation. Indemnification Bidder agrees to indemnify and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Collusion is not permitted Auctioneer has the right to remove any bidder(s) suspected of collusion or any type of price fixing behavior at any time and to refuse admission to future auctions. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial These Bidder Terms and Conditions will be governed by and enforced in accordance with the laws of the State of Colorado, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Weld County, Colorado, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Weld County, Colorado; (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waive any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non convenience. Bidder waives the right to a jury trial. Attorneys’ Fees Breach by Bidder of obligations under these Bidder Terms and Conditions will entitle Auctioneer and/or Seller to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder. Acceptance of Bidder Terms and Conditions Bidder acknowledges and agree that Bidder has read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted on the Auctioneer website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer.

If you have not contacted Colorado Premier Realty & Auction Services to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Colorado Premier Realty & Auction Services may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.