Auction Terms & Conditions
TERMS AND CONDITIONS OF SALE
The terms and conditions of auction purchases ("Sale") are outlined here and are applicable to any and all sales made through Robert Slawinski Auctioneers, Inc. ("Auctioneer"). This includes sales completed in person, online, or absentee/phone bid. All sales will be completed at the discretion of the Auctioneer and the Auctioneer reserves the right to cancel any sales and deny future transactions with any customer ("Buyer") if these terms are not met. All merchandise brought to sale by Auctioneer has been consigned by independent owners ("Consignor).
BEFORE THE SALE
All buyers are strongly advised to inspect all items before auction as all items are sold AS IS, WHERE IS. Although Auctioneer makes every effort to express accurate descriptions and commentary given to Buyers online, in Auctioneer's catalogue, marketing material or verbal interactions, Auctioneer makes no guarantee or warranty of any kind with respect to the physical condition, size, quality, rarity, medium and materials, age, authenticity, provenance, culture, source, or historic significance of any goods. Employees, consigners, or any other representative of Robert Slawinski Auctioneers, Inc. are not authorized to provide written or verbal guarantees. Buyers must depend on their own review of the merchandise.
All merchandise is sold AS IS, WHERE IS, regardless of condition, or additional review of merchandise gained after the sale. ALL SALES ARE FINAL.
Absentee bids are accepted at the Auctioneer's discretion. Phone bids are accepted at the Auctioneer's discretion. Buyers registering for phone or absentee bids must do so before 6 p.m. the day prior to the auction. All phone or absentee bids must be submitted in writing a signed agreement of the terms by Buyer via fax, email, or online submission to Auctioneer to be accepted. Auctioneer will not be held responsible if unable to reach buyers wishing to bid by phone. Auctioneer shall not be held responsible or liable for absentee bids that are missed or otherwise not executed. Cancellation of any phone or absentee bids must be submitted in writing and executed at least one hour prior to the start of the auction. Submission in writing via fax (831) 430-0938, or email to firstname.lastname@example.org will be the only methods of cancellation that guarantee acceptance.
Online Bids are accepted at the Auctioneer's discretion through HiBid.com, LiveAuctioneers.com, and Invaluable.com. All buyers who register to bid online via LiveAuctioneers.com and Invaluable.com, are also subject to approval by Auctioneer before registration is approved and must submit a signed agreement of the terms. Only those who submit for registration (48) hours prior to auction date will be guaranteed consideration for registration. All those submitting less than 48 hours before the start of an auction are only approved based on the discretion of the Auctioneer. Bidder Approval Forms required to be completed for online bidding consideration can be found on Auctioneer's website: www.slawinski.com. The Buyer is responsible for all bids made on their online bidding account. All bids received via online bidding platforms will be final.
Auctioneer and its employees shall not be held liable for any damages or injury to person or property sustained as a result from handling merchandise including, but not limited to lifting, moving, loading, or packaging of merchandise before or after the sale. Buyer is responsible for the packing, loading and removal of all merchandise.
DURING THE SALE
The auctioneer is acting as agent only to the sale of merchandise and is not responsible for any actions of Consignors. This auction is being conducted in pursuant to section 2328 of the commercial code, 535 of the penalty code and all provisions of the auction license act. In accordance to the California state law, all items are subject to a confidential reserve unless otherwise stated. Auctioneer reserves the right to withdraw any lots from the sale and to deny Buyer's participation during a sale for any reason. Auctioneer reserves the right to reject any bid or eject any person from the Auctioneer's premises.
Upon the occurrence of a dispute during or after a sale, Auctioneer's decision will be FINAL.
All information regarding merchandise is subject to clarification, changes or disclaimer at the time the item is being auctioned and will be sold based on Auctioneer's verbal or written information at time of the Sale.
All bids via phone, fax, email, or in person are final and binding regardless of Buyer's input errors. Auctioneer also does not accept liability for technology, website or internet failure, or unforeseen circumstances that may influence the execution of bids.
Full payment includes hammer price, buyer's premium and all applicable taxes. All sales are final regardless of method of bidding or payment options. Auctioneer does NOT accept PayPal. Auctioneer does NOT accept credit card payments provided over the phone for purchases of $250 or more. Auctioneer REQUIRES a signature for all credit card payments made in-house and all remote credit card payments for purchases of $250 or more. Auctioneer does NOT accept credit card payments for purchases over $3,000 and REQUIRES a check or bank wire transfer for purchases over $3,000. Auctioneer may, at their discretion, hold merchandise until check or wired funds clear bank account. If payment is not received within (5) business days of the sale, Auctioneer reserves the right to cancel sale and resell merchandise at a public or private sale. Failure to provide payment will result in revoking the Buyer's right to participate in future sales with Auctioneer.
Payment options and terms for each type of auction participation is outline below.
1.On-Site Bids: All purchases are subject to a 20% buyer's premium. Full payment must be made the day of the sale. Accepted methods of payment are cash, approved check, or Visa/MasterCard/Amex for purchases under $3,000. Checks must be drawn on a U.S. bank. At Auctioneer's discretion, a money order, cashier's check or bank wire may be required. No cashier's checks or money orders will be accepted by mail. Failure to provide payment will result in revoking the Buyer's right to participate in future sales with Auctioneer.
2.Absentee and Phone: All purchases are subject to a 20% buyer's premium. Full payment must be made within (5) business days of sale. Payment terms are check, bank wire transfer, or Visa/MasterCard/Amex for purchases under $3,000. No cashier's checks or money orders will be accepted by mail. Failure to provide payment will result in revoking the Buyer's right to participate in future sales with Auctioneer.
3.Online Bids: All purchases are subject to an 25% Buyers Premium (excluding HiBid.com, which is subject to a 20% Buyers Premium). Full payment must be made within (5) business days of sale. Payment terms are check, money order, cashier's check or bank wire transfer. All successful online Buyers will receive an emailed invoice within (24) hours of the end of a sale. If the Buyer does not receive notification within (24) hours Buyer remains responsible for all items purchased and retains the responsibility of providing payment. If Buyer fails to provide cleared funds within five business days of the sale, they will receive a negative feedback report associated with their online auction profile and will not be permitted to registration for future sales.
4.International Payment: Any Buyer submitting payment from outside the U.S. (regardless of method of bidding) must be done by bank wire transfer. A bank transfer is only considered complete after Auctioneer has received the FULL amount due according to the Buyer's invoice. While issuing a wire transfer, all fees, exchange rates and other administrative fees are the responsibility of the buyer and are in addition to the total amount due to Auctioneer. All sales and money transfers are conducted in USD currency. No foreign checks will be accepted. Auctioneer does NOT accept PayPal. Auctioneer may, at their discretion, hold merchandise until payment has been cleared.
5.Taxes: State and local taxes (9%) will be applied to all merchandise collected in person at Auctioneer's location, 1500 Green Hills Road Ste. 100, Scotts Valley, CA 95066. Buyer will be exempt from taxes if Buyer presents to Auctioneer a current resale license number or if merchandise is shipped directly out of California using a common carrier.
Immediate removal of purchased merchandise is requested when payment is received, and shall be done at the expense, liability and risk of the Buyer. All arrangements for removal will be at the convenience of Auctioneer. Failure to remove merchandise immediately after completion of payment within the (5) business days following sale completion will be subject to storage fees of $(5.00) per day per item. After (30) days items will be considered abandoned. Auctioneer will apply any deposit to loss, damages, and expense incurred in the resale of merchandise not paid for in full or removed in the time specified and shall retain any balance as liquidated damages.
Buyers are responsible for shipment of merchandise including all packing, and customs fees. Auctioneer can provide a list of recommended independent shippers upon request, but does not accept responsibility of any agreements reached between Buyer and shippers, or any resulting loss, damage or delay resulting in the use of the shipper. Auctioneer can provide quote for in-house shipping costs and methods to Buyer only after ascertaining if merchandise is appropriate for Auctioneer to ship. Auctioneer reserves the right to deny their service of shipping for any reason. If Buyer is required to, or elects to arrange for their own shipment of merchandise, any and all liability of the Auctioneer is relinquished after (30) days past the sale date regardless of time item was paid for in full or how and/or when it was shipped or if merchandise has yet been received by Buyer.
SALE of SPECIFIC and/or RESTRICTED GOODS
No Guarantee of Authenticity for Jade: Due to the fact that jade can be bleached and dyed among other techniques, Robert Slawinski Auctioneers CANNOT GUARANTEE the authenticity of the COLOR, AGE, or QUALITY of any jade items sold. All Jade will be sold AS-IS, without any warranties. All sales are final in Jade purchases, NO RETURNS will be accepted. Judgment of such qualities is the sole discretion of the Buyer.
No Guarantee of Authenticity for Chinese Paintings: Robert Slawinski Auctioneers CANNOT GUARANTEE any aspect of the Chinese Paintings sold including authenticity, origin, age, quality, medium or provenance. However, a return may be permitted within (7) days of Buyer receiving the purchased merchandise (as recorded by their shipping tracking number provided by shipping company) if the Buyer can provide sufficient evidence to Robert Slawinski Auctioneers that the item is not authentic. If Robert Slawinski Auctioneers is satisfied with the information presented by the Buyer, and the item remains in the same condition as when it was sold, the merchandise must be received back into the possession of the Auctioneer within (10) days of Buyer's request for a return for a full refund of the purchase price, shipping costs excluded. All refund proceedings must be completed within (30) days of the auction date.
Endangered Species and CITES Permits: Robert Slawinski Auctioneers adheres to the California and Federal laws pertaining to the sale of items containing endangered or protected species, and WILL NOT ACCEPT LIABILITY of items that may include any material such as ivory, rhinoceros horn, tortoise shell, coral, endangered woods, and whalebone. In the event an item is found to contain any amount of these products, it is the SOLE RESPONSIBILITY OF THE BUYER to perform their due diligence and acknowledge any laws and regulations that apply to purchasing, importation and exportation laws.
Due to California state licensing regulations, all wine must be shipped to the buyer's address. No In-person pickups are permitted.
GLOSSARY of ART TERMS
The following are examples of terms used in Robert Slawinski Auctioneers's catalogue. Please note that all statements and terms are subject to our TERMS AMD CONDITIONS OF SALE. Robert Slawinski Auctioneers and the consignor make no warranties with respect to authenticity, medium, size, condition, or other attribute of any items. ALL STATEMENTS IN REFERENCE TO MERCHANDISE ARE MADE TO THE BEST OF OUR KNOWLEDGE.
Artist or Maker: This indicates that the work is, in our best judgment by the named artist or maker.
Attributed to (Artist or Maker): This indicates that the work is, in our best judgment, probably the work of the name artist or maker, but it is less certain than the preceding category. Bearing the Signature, (Artist or Maker): Although the work is apparently signed by the named artist or maker, no claim to authenticity is implied Style of (Artist or Maker); Manner of (Artist or Maker); or After (Artist or Maker): all of these terms indicate that the work resembles the named artist or maker, may bear their signature, but in our best judgment is not by the named artist.
Abbreviations: o/c oil on canvas o/b oil on board o/p oil on panel w/c watercolor
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.