RETRO TOYS Part 8

Terms and Conditions with Valourial LLC (Valourian): The terms and conditions, the contents of any listing and the contractual relationship between Valourian and the bidder shall be interpreted under and governed by the laws of the State of California. If any provision of these terms and conditions or any listing are void, unlawful, unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with the applicable law or if modifications are not possible, deleted and severed from the remaining provisions. Any such modifications, deletions or severing shall not affect the enforceability or validity of any of the remaining provisions herein. The Bidder acknowledges and agrees to the following: Final Sale All items are final sale. All items are sold as is, where is, with all faults, all sales are final. No refunds and no exchanges are accepted. Valourian, and any consignor as applicable, disclaim any and all warranties, expressed or implied, including but not limited to the implied warranty of merchantability or fitness for any particular purpose. No warranties are made that any of the merchandise complies with any applicable governmental rules, regulations or ordinances of any kind or nature whatsoever. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of this Valourian and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, material or any other feature of items being sold. Valourian believes that to the best of its knowledge information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. Valourian attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of the prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, the bidder signifies that he/she has examined the items as fully as can be done to his/her satisfaction and have asked questions and received answers from Valourian that are deemed adequate. If the bidder requires absolute certainty in all areas of authenticity, and the results of the evaluation leave uncertainty in the bidder?s mind, do not bid on the lot in question. Items sold by us are sourced from multiple channels and sources and there are no assurances that any of the items being sold have been seized. Valourian is not authorized dealers of Rolex, Cartier or other watch brands that are sold at auction. We carry pre-owned watches from secondary markets in exceptionally excellent condition. Bidder?s bids always represent 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 Valourian. All bids are binding, irrevocable and non-cancellable by the bidder. Valourian has final discretion on sale of a lot. The decision of Valourian is final. In no event shall Valourian liability for any breach or act or omission exceed the Purchase Price actually paid by the buyer, and in no event shall Valourian have any liability under any circumstances for special, indirect, incidental or consequential damages including for loss of profits or revenue, costs of obtaining alternative goods, claims of customers of buyer or otherwise whether in contract, tort, negligence, strict liability or otherwise, arising out of or resulting from or in any way relating to the lot or its purchase price, sale, delivery or not delivery or the acts or omissions of Valourian. The successful bidder is the highest bid acknowledged by Valourian pursuant to provision UCC-2-328 of the Uniform Commercial Code. Bids may be received by Valourian through the internet, telephone, facsimile or email. Bidding through any of those methods are only available to pre-qualified bidders or resellers. If you desire to qualify as a qualified dealer, you may contact one of the specialists at Valourian to receive an application. Approval as a qualified dealer is at the sole discretion of Valourian and requires a bank approved line of credit that is reviewed and approved by the specialist at Valourian. Under the terms of this agreement, the buyer acknowledges that there are no refunds or exchanges. If the buyer needs an exception, he/she must write to Valourian within 5 business days of delivery. Valourian has the sole discretion to approve a return. In the event Valourian approves a refund, the buyer will be responsible for a 20% restocking fee based on the item?s hammer price, all shipping costs, and the buyer?s premium. The restocking fee, shipping costs, and buyer?s premium will be deducted from the refund. Sales tax will also be adjusted based on the refund. The refund will be processed within 5 business days of the products return and the product must be delivered in the same condition as sent to the buyer. Unauthorized returns will be rejected. Shipping and Handling will be done by Valourian via third-party licensed shippers (i.e. USPS, FedEx, UPS, etc). Shipping charges will be included in your invoice. Insurance is not included. In the case the buyer would like insurance, Valourian will update the shipping fees to include insurance. If insurance is not requested, Valourian will not be responsible for any lost packages by third-party licensed shippers. Once payment is processed from Live Auctioneers to Valourian, Valourian will process the transaction within 3-14 business days. Wardrobes and chairs are shipped via a freight company and require additional packaging. Paintings are carefully crated in wooden packaging to ensure safe transportation. We conduct a thorough final quality check before shipment. If in the course of the final quality check, the product does not meet our quality standards, we will cancel the sale and issue the buyer a refund. For all sales across any platform, Valourian has full and complete discretion to cancel a sale for any issue whatsoever. Once the shipping label is created, the buyer will receive an automated email from the third party shipper with the tracking number. Note: You may not combine invoices, as invoices are processed based on the timestamp of payment. Shipping and handling charges are subject to changes upon current rates in the industry. Valourian accepts payment by bank wire transfers, personal or company checks, cashier?s checks, money orders, and online payments through Live Auctioneers. International invoices over $5,000 US require a wire transfer as do the sale of jewelry and certain other high value items at our discretion. For items purchased online, you will be emailed an invoice within 24 hours after the auction closes. The invoice will provide a link for you to pay immediately and securely online. It is your responsibility to contact Valourian if you are unable to pay through the online check out system. If you are paying by check, money order, cashier?s check or check, you must contact Valourian first for instructions. Valourian reserves the right to hold all purchases until the check has cleared to the satisfaction of Valourian and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any merchandise to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. Valourian, nor any consignor, as applicable, make any representations and/or warranties of any kind with regard to the property being sold or its value, and in no event shall be responsible for the correctness of description, genuineness, provenance, authenticity, authorship, attribution, and/or completeness, estimates of value or condition of the property. All appraisals, estimates or evaluations provided are solely for the convenience of the bidder and this Company does not make any warranties of any kind relating to them. Appraisals may include valuations that reflect the full, higher price at retail of an item in a specific geographic region. The term estimates or estimated value as used herein may be an arbitrary value and may not represent an actual retail value or insured replacement value or cost of similar goods. Also, no appraised value should be considered to represent the actual resale value, insurance replacement value, or cost of similar goods. No statement whether oral or written shall be deemed to be such a warranty or representation, or any assumption of responsibility in no circumstances will a vastly different appraisal or estimate of any third party given on behalf of a purchaser in any Company conducted auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs. Some of the lots in this sale are offered subject to reserve. The reserve is a confidential minimum price below which the lot will not be sold or agreed upon by the consignor and Valourian. In most cases the reserve will be set below the estimated range, but in no case, will it exceed the estimates listed. A representative of Valourian will execute such reserves by bidding for the consignor. In any event and whether a lot is subject to a reserve, the auctioneer may reject any bid or raise the bid not commensurate with the value of said lot. We reserve the right to reject any bids placed before or after the auction has concluded. Valourian, and consignors, reserve the right to bid on any lots. Unless specifically stated otherwise, all lots are subject to reserve price that shall be hidden from bidders. Valourian shall act to protect the reserve by bidding in the auction process if needed. Valourian may open bidding on any lot below the reserve by placing its own bid. Valourian may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. In the event of any dispute between the bidder or in the event of any doubt by Valourian as to the validity of any bid, Valourian will have the final discretion to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises, after the sale, Valourian?s sale record is conclusive of the event. While Valourian will make every effort to guarantee accuracy, In the event that any reserve price of a lot is not exceeded by any bidders bid, Valourian 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 Valourian and are not disclosed to bidders 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 once accepted by Valourian will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve is exceeded by the bid. In the event that you bid and are deemed the winner of any item by Valourian but fail to make payment in accordance with the invoice, or claim a dispute with any third party payment intermediary, such as a credit card company you will be assessed a charge of 15% of the hammer price as liquidated damages. By bidding on any such lot, you hereby agree to the payment of such liquidated damages as a result of the irreparable harm that will be sustained by Valourian. Additionally, in the event that a winning bidder fails to make any payments under these terms and conditions including the liquidated damages described herein, we reserve the right to report such nonpayment to creditor and collection agencies in our sole discretion. Valourian reserves the right to reject any bid at any time, and at its sole discretion. Valourian additionally reserves the right to its sole and unlimited discretion at any time prior to, during or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. Valourian reserves the right to withdraw any lot at any time before, during or after the auction without liability. The bidder assumes full responsibility for the items at the fall of the hammer or expiration of time in an online auction. A bid entered by mistake on the part of the bidder is not grounds for a cancellation of the bid or sale. Each bidder is responsible for his/her own account and bids. By allowing access to another who enters a bid without your knowledge will not be grounds for a rescission of the bid or bids. Any bid made on your account will bind you to the bid in accordance with these terms and conditions. If any entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. In the event of a mistake on the part of the auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, Valourian reserves the right to cancel the sale and relist the lot in its sole discretion. Valourian reserves the right to cancel any sale. In the unlikely event that we lose our internet connection or items have inappropriate data due to technical errors in the system such as images mismatched or not available, items with incorrect information, price or certificate, Valourian reserves the right in its sole and absolute discretion to cancel the remainder of the auction and/or rescind all winning bids. Valourian, and consignors, reserve the right to bid on any lots. Unless specifically stated otherwise, all lots are subject to reserve price that shall be hidden from bidders. Valourian shall act to protect the reserve by bidding in the auction process if needed. Valourian may open bidding on any lot below the reserve by placing its own bid. Valourian may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. All bids are subject to a non-refundable 25% buyer?s premium, which shall be added to a successfully placed bid upon sale of each lot, applicable local sales tax, and shipping and handling charges. Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers acquiring merchandise pursuant to a valid Resale License will need to provide appropriate documentation for removal of state sales tax. If any dispute arises between the bidder and Valourian that cannot be resolved, then the parties agree to submit the matter to binding arbitration to be conducted under the rules, regulations and procedures of the dispute resolution process described herein and agree to the following procedures for resolution of the dispute. If either party alleges that the other party is in default under this Agreement, the dispute or allegations shall be submitted to binding arbitration in the State of California. Valourian shall select a neutral arbitrator or alternative dispute resolution organization. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other by certified mail return receipt requested. Failure to participate in the arbitration is a default. If an arbitration procedure is initiated by request of a bidder, the bidder shall bear the initial financial burden of fees paid to the arbitrator to the maximum amount available by law. Each party shall simply present their case limited to a maximum of one hour for each party to the arbitrator. By bidding on a lot the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in a Company auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder?s SOLE means to resolve any and all disputes which may arise with Valourian arising out of this Agreement and bidder?s bids. By bidding, the bidder specifically agrees that it will not file a dispute claim of any kind with an online venue, a credit card or any other third parties. Bidder specifically waives the right to initiate a credit card chargeback dispute on any basis of claim, and agrees that bidder will pay Valourian a minimum of $300.00 plus hourly charges and costs for any such chargeback dispute opened due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that bidder violates this dispute resolution provisions, in consideration of Valourian?s approval of the application of the bidder to bid in Valourian?s auctions, bidder confesses judgment to fraud having been committed by bidder against Valourian and further agrees that the bidder is liable to Valourian for all damages, losses and costs including time charges. The bidder hereby waives, releases, remises, acquits and forever discharges Valourian and any consignor, and shall indemnify and hold them harmless against any claims, actions causes of action, demands, rights damages, costs, expenses or compensation whatsoever directly or indirectly known or unknown foreseen or unforeseen which the bidder now has or which may arise in the future on the account of any or in any way growing out of or connected with any defects, latent or otherwise or the physical condition of any items or lots purchased or any law or regulation applicable thereto Valourian or consignor shall provide notice to bidder promptly of any such claim, suit or proceeding. Notice and Disclaimers: On the fall of the hammer or expiration of time in an online auction, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject of fulfillment by the bidder, of all the conditions set forth herein, and such bidder thereupon, assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and will pay the full purchase price or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total purchase price if the payment is not made in accordance with the conditions set forth herein. If any applicable conditions are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including but not limited to, the right to hold the purchaser liable for the total purchase price, we at our option may cancel the sale, retain all payments made by the purchaser, resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs, including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney?s fees, including damages and all other charges due hereunder and to reject future bids from the buyer or render such bids subject to payment of a deposit and or charge interest at 18% per annum from the date payment became due until it is received in full and funds cleared our account. Valourian may also notify the buyer of an exercise of a lien over any of the buyer?s property which is in the possession of Valourian and no earlier than 30 days from the date of such notice arrange the sale of such property and apply the proceeds to the amount owed to Valourian or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale related expenses. Or alternately, commence legal proceedings to recover the purchase price, together with interest and the costs of such proceedings, set off the outstanding amount remaining unpaid by the buyer against any amounts which Valourian or our affiliated companies may owe the buyer in any other transactions or take such other action as we deem necessary or appropriate. If such a buyer pays a portion of the purchase price for any or all lots purchased, Valourian shall apply the payment received to such lot or lots that Valourian, in its sole discretion, deems appropriate. In the case of default, the buyer shall be liable for legal fees, costs and expenses associated with the attempted collection of payment from the purchaser. In addition, a defaulting purchaser will be deemed to have granted us a security interest in and we may retain as collateral security for such purchasers? obligations to us, any property in our possession owned by such purchasers. Furthermore, if a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 9. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion. Contact us at: v.valourian@gmail.com Our office is located at: Sacramento, California, 95841 Our auction house: Valourian Questions about items (condition, size, etc.) must be submitted at least 48 hours before the auction closes. All items are sold "AS IS" with no guarantees or warranties. It is the bidder?s responsibility to inspect item descriptions and photos carefully before bidding. Valourian LLC will describe major defects but encourages bidders to ask specific questions about condition issues in advance. Condition Statements: Vintage or antique items may show age-related wear, including scuffs, scratches, and minor chips. Statements regarding condition, provenance, or authenticity are for guidance only and are not guaranteed. Please use item descriptions and photos as your primary guide. Please Note: Valourian LLC does not accept returns or provide refunds. All items are vintage or antique and are sold as-is. BUYER'S OBLIGATIONS: (a) Pay the purchase price in full in a timely manner. (b) The buyer is responsible for arranging and paying for shipping and packaging. (c) The buyer must remove or arrange for the shipment of the property from Valourian LLC's premises within 14 days from the close of the auction. A storage fee of $5 per lot per day will be charged for items not removed after this period, and this fee must be paid before the property is released. If the property is not removed within 30 days after the auction, Valourian LLC reserves the right to re-offer it at auction without notice to the buyer and without any obligations to the original buyer. Storage of Purchased but Uncollected Items: The Buyer is required to arrange pickup, pay for shipping (if applicable), and remove the item within 30 calendar days from the date the auction closes (or from the date of full payment, if payment is received later). Storage is provided free of charge for the first 30 days. After the initial 30 days, a storage fee of $1 per lot per day will be charged. The storage fee must be paid in full before the item is released or shipping is arranged. If the item remains uncollected and the storage fee remains unpaid for 60 calendar days from the date the auction closes, Valourian reserves the right to: notify the Buyer via email (with at least 10 days' notice prior to taking action); re-offer and resell the item at a subsequent auction without further consent from the Buyer; deduct from the proceeds of the resale all outstanding amounts (hammer price, buyer's premium, storage fees, any costs related to storage and/or resale), and refund any remaining balance (if any) to the Buyer; pursue the Buyer for any deficiency (shortfall) if the resale proceeds do not cover the outstanding amounts. The Buyer assumes full responsibility for the safekeeping of the item after payment, including all risks of loss, damage, theft, or deterioration during storage. Valourian shall not be liable for the condition of the item after the free storage period expires.

If you have not contacted Valourian LLC 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 Valourian LLC 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.