Terms & Conditions
Payment & Bidder Agreement
The following, as amended by any posted notices or announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Westbury Auction Galleries (WAG).
PLEASE READ THIS ENTIRE AGREEMENT.
TERMS AND CONDITIONS OF SALE
1. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR 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 our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. WAG 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. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question.
2. All property is sold AS IS, WHERE IS and neither WAG nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.
3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on WAG's part as to the validity of any bid, the auctioneer will have the 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, WAG's sale record is conclusive.
4. The purchaser assumes full responsibility for items at the fall of the hammer.
5. A 22.00% buyer's premium will be added to the hammer price on each lot sold.
6. For all residents of California, 9.00% sales tax will be added to your invoice.
7. PAYMENT: PayPal & Bank Wire. PayPal payment only up to 10,000 are accepted. International clients must submit payment thru Bank Wire ONLY - NO Exception. For items purchased online, you will be emailed an invoice within 24 hours after the auction. It is your responsibility to contact us or email us at Westburyauctiongalleries@gmail.com if you have any other questions regarding payment. WAG reserves the right to hold all purchases until the payment has cleared to the satisfaction of WAG and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. 6. IF THERE EVER IS A CASE OF A REFUND BEING ISSUED, YOU WILL BE CHARGED A 20% RESTOCKING FEE AND YOU WILL BE RESPONSIBLE TO PAY SHIPPING FEES AND BUYER'S PREMIUMS WILL NOT BE REFUNDED. PLEASE BID RESPONSIBLY AND ASK ALL QUESTIONS PRIOR TO PLACING A BID.
8. WESTBURY AUCTION GALLERIES RESERVES THE RIGHT TO WITHDRAW OR PASS ANY LOT AT ANY TIME BEFORE, DURING, OR AFTER THE AUCTION.
9. THE AUCTIONEER RESERVES THE RIGHT TO REJECT ANY BID AT ANY TIME AND AS HIS SOLE DISCRETION.
10. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price.
11. On the fall of the auctioneer's hammer, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full purchase price thereof 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 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consigner by law, including, without limitation, the right to hold the purchaser liable for the total 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 at public auction 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, incidental damages, and all other charges due hereunder. In the event that such a buyer pays a portion of the purchase price for any or all lots purchased, WAG shall apply the payment received to such lot or lots that WAG's, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees and expenses. 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 purchaser's obligations to us, any property in our possession owned by such purchaser.
12. In the unlikely event we lose our internet connection, WAG reserves the right in its sole and absolute discretion to cancel the remainder of the auction.
13. **Auctioneer has final discretion on sale of an item. His word is final.**
**IMPORTANT - PLEASE READ***
AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY WAG A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 20% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER'S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN.
14. Re-lists - Occasionally you may notice that an item is re-listed. This can be due to a variety of reasons such as a winning bidder in a previous auction not paying for the item, multiple types of the same item or it is one of the few items listed with a reserve and the reserve was not met.
15. Reserves - Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price, below which the lot will not be sold agreed upon by the consignor and WAG. 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 WAG will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
16. PLEASE READ: This auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. In accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
17. Competing bid/Onsite Floor bids or Reserve
The auctioneer may be accepting bids for an item from other sources these include: bids from an in-house audience, telephone bids, book bids, absentee bids, and other bidding platforms including the auctioneer or an agent of the seller(s) & consignor(s) bidding to protect the reserve of an item.
18. We try hard to ensure that the data on this site is accurate. In the event that the data is inaccurate or an item is marked with the wrong price, we reserve the right to cancel that particular transaction.
19. If any dispute arises between WAG and a bidder that cannot be resolved, then the parties agree to the following rules, regulations and procedures of the dispute resolution 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, then the dispute or allegation shall be submitted to binding arbitration in the State of California. WAG shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case to the arbitrator. By bidding on any 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.
Bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay WAG a minimum of $440 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 WAG's approval of the application of the bidder to bid in WAG's auction, bidder confesses judgment to fraud having been committed by bidder against WAG and further agrees that bidder is liable to WAG for all damages, losses and costs, including time charges, resulting.
Shipping & Handling
Shipping Prices are for both Shipping and Handling:
· Gemstone Gold Jewelry (Rings, Necklaces, Bracelets, Gemstones etc..) - $65 FedEx Priority with Signature confirmation. $125 Fedex Priority Service for any International shipment. (Shipping can be combined for Jewelry purchases on each invoice)
· Small items, Cards, Coins, - $13 each item, may not combine purchases to save on shipping.
· Unframed Cartoon Cells and Small Prints - $15, may not combine purchases to save on shipping.
· Small Collectibles, Loose items - $19.00, may not combine purchases to save on shipping.
· Large Collectibles, Helmets, Handbags, Shoes, Sports Memorabilia, etc. - $22.00, may not combine purchases to save on shipping.
· Small Framed Items (12"x12") - $27.00, may not combine purchases to save on shipping.
· Medium Framed Items (30"x30") - $43.00, may not combine purchases to save on shipping.
· Large Framed Items (50"x50") - $52.00, may not combine purchases to save on shipping.
· Oversized Framed Items - $70.00, may not combine purchases to save on shipping.
Will Call of items is not allowed. Coming to our offices to view items is also not allowed. ***IMPORTANT*** YOU MAY NOT COMBINE PURCHASES TO SAVE ON SHIPPING. - Should expedited shipping be requested, substantial additional fees will apply. - We reserve the right to adjust shipping charges. - Substantial Additional fees apply when shipping Internationally. - Please be sure that you understand our shipping policies prior to bidding. If you are unclear, please contact us at WESTBURYAUCTIONGALLERIES@GMAIL.COM for clarification. If you are still unsure, please enjoy the auction however, please do not bid.
IMPORTANT Notices & Disclaimers - Please Read
Regarding Appraised Jewelry and Loose Stones - WESTBURY AUCTION GALLERIES sends them out to a third party for Retail Replacement Value Appraisals, which are the most common. These types of evaluations are written for insurance needs. This would be the cost to replace the jewelry with an item of equal quality and kind, considered to be the current market price or the replacement value. This type of appraisal is done to protect you in the event of damage or loss of a valuable item. Our appraisals are conducted by independent 3rd Party appraisal firms that utilizes Certified GIA Gemologist. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations thru out the world. Items should not be purchased with the expectation to resell for appraisal price, or for profit.
Regarding Memorabilia Items - All autographs come with a Third-Party Certificate of Authenticity from either PSA/DNA, Global Authentication, Spence Authentication, UDA, Online Authentics or another reputable memorabilia authenticator. WESTBURY AUCTION GALLERIES is not responsible for the opinions of any of the third-party authenticators. Please email us at WESTBURYAUCTIONGALLERIES@GMAIL.COM with any specific questions.
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of noncommercial uses permitted by copyright law.
Copyright Westbury Auction Galleries. All rights reserved.