The following Conditions of Sale, as amended by any published or posted notices or verbal announcements during the sale, constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by ebidantiques.com. and any consignor of such property for whom we act as agent. If live online bidding is available for the subject auction, additional terms and conditions of sale relating to online bidding will apply; see wwwEbidantiques.com/WebTerms for the supplemental terms. As used herein, “we” and “us” refer to Ebidantiques.com.
1. As used herein, the term “bid price” means the price at which a lot is successfully knocked down to the purchaser. The term “purchase price” means the aggregate of (a) the bid price, (b) a PREMIUM retained by us and payable by the purchaser EQUAL TO 20% OF all purchases.
2. On the fall of the auctioneer’s hammer, the highest bidder shall have purchased the offered lot in accordance and subject to compliance with all of the conditions set forth herein and (a) assumes full risk and responsibility therefor, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. No lot may be transferred. Any person placing a bid as agent on behalf of another (whether or not such person has disclosed that fact or the identity of the principal) may be jointly and severally liable with the principal under any contract resulting from the acceptance of a bid.
Unless otherwise agreed, payment in good funds is due and payable within five (5) business days following the auction sale. Whenever the purchaser pays only
a part of the total purchase price for one or more lots purchased, we may apply such payments, in our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected good funds for all amounts due.
Payment for purchases may be made in or by (a) cash, (b) cashier’s check or money order, (c) personal check with approved credit drawn on a U.S. bank, (d) wire transfer or other immediate bank transfer, or (e) Visa, MasterCard, American Express or Discover credit, charge or debit card. A processing fee will be assessed on any returned checks. Please note that the amount of cash notes and cash equivalents that can be accepted from a given purchaser may be limited.
The purchaser grants us a security interest in the property, and we may retain as collateral security for the purchaser’s obligations to us, any property and all monies held or received by us for the account of the purchaser, in our possession. We retain all rights of a secured party
under the California Commercial Code. If the foregoing conditions or any other applicable conditions herein
are not complied with, in addition to other remedies available to us and the consignor by law, including without limitation, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses
of both sales, our commission at our standard rates, all other charges due hereunder, attorneys’ fees, expenses and incidental damages. In addition, where two or more amounts are owed in respect of different transactions by the purchaser to us, to ebidantiques.com and/or to any of our other affiliates, subsidiaries or parent companies worldwide within our website, we reserve the right to apply any monies paid in respect of a transaction to discharge any amount owed by the purchaser. If all fees, commissions, premiums, bid price and other sums due to us from the purchaser are not paid promptly as provided in these Conditions of Sale, we reserve the right to impose a finance charge equal to 1.5% per month on all amounts due to us beginning on the 31st day following the sale until payment is received, in addition to other remedies available to us by law.
3. We reserve the right to withdraw any property and to divide and combine lots at any time before such property’s auction. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lots shall be divided or combined for sale.
4. We reserve the right to reject a bid from any bidder, to split any bidding increment, and to advance the bidding in any manner the auctioneer may decide. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.
5. If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser or a sale otherwise cannot be completed, our liability shall be limited to the sum actually paid therefor
by the purchaser and shall in no event include any compensatory, incidental or consequential damages.
6. If a lot is offered subject to a reserve, we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If we have an interest in an offered lot and the proceeds therefrom other than our commissions, we may bid therefor to protect such interest. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS.
7. All statements contained in the catalog or in any bill
of sale, condition report, invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of Ebidantiques is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property.
8. All purchased property shall be removed from the premises at which the sale is conducted by the date(s) and time(s) set forth in the “Buyer’s Guide” portion of
the catalog. If not so removed, daily storage fees will
be payable to us by the purchaser as set forth therein. We reserve the right to transfer property not so removed to an offsite warehouse at the purchaser’s risk and expense, as set forth in more detail in the “Buyer’s Guide.” Accounts must be settled in full before property will be released. Packing and handling of purchased lots are the responsibility of the purchaser. Ebidantiques can provide packing and shipping services for certain items as noted in the site
9. The copyright in the text of the catalog and the photographs, digital images and illustrations of lots in the catalog belong to Ebidantiques or its licensors. You will not reproduce or permit anyone else to reproduce such text, photographs, digital images or illustrations without our prior written consent.
10. These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.
11. These Conditions of Sale and the purchaser’s and our respective rights and obligations hereunder are governed by the laws of the State of California. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, brought by or against ebidantiques (but not including
claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the procedures set forth below.
SALES AND USE TAX
New York sales tax is charged on the hammer price, buyer’s premium and any other applicable charges on any property collected or delivered in New York State, regardless of the state or country in which the purchaser resides or does business. Purchasers who make
direct arrangements for collection by a shipper who is considered a “private” or “contract” carrier by the New York Department of Taxation and Finance will be charged New York sales tax, regardless of the destination of the property. Property collected for delivery to a destination outside of New York by a shipper who is considered
in effect in such state. Property collected for delivery outside of the United States by a freight-forwarder who is registered with the Transportation Security Administration (“TSA”) is not subject to New York sales tax.
for All other buyer and sellers, you are trading at your own rist, we do not provide third gaurentee for transaction between buyer and sellers. we just provide a free platform to connect buyers and seller!