Labor Day Fine Art & Collectibles Auction

Auction Terms & Conditions

Online Personal Property Auction

Please review this document carefully. This document creates certain legally binding contractual obligations.

In order to register and receive access to the interactive online bidding platform, a Bidder must accept and acknowledge these Terms and Conditions.

1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject personal property. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded.

2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any bidder of a rejected bid, upon request of the bidder.

3. The Winning Bidder covenants and agrees to purchase the subject personal property at the price of the winning bid plus buyer's premium, and upon the terms and conditions hereinafter provided.

4. Within 24 hours of the close of the auction event, the Winning Bidder for the property shall receive an e-mail from Legacy Auctions & Estate Sales, Inc. which will detail a date, a time, and a location for the retrieval of the subject personal property, subject to further specific arrangements of the parties, including options for delivery, shipping, and electronic payments.

5. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, wire transfer, credit card, or other payment method approved by the Auctioneer. Payment terms are at the discretion of the Auctioneer, and payments of over $1,000.00 may be subject to certain requirements. Card payments should be made via the card used for bidder registration. Any change in payment method from the Winning Bidder's registered payment method must be communicated to the Auctioneer. Shipments will only be shipped to the address linked to the card used for purchase. The linked address is defined as the address on file with the card issuing bank. For those requiring shipments to an alternative address, payment must be arranged via wire transfer or a one-way electronic payment method such as Zelle. If a bank/credit card is used for purchase, the shipper will absolutely not ship to an alternative address that is not linked to the card used for purchase.

6. For Winning Bidders who choose free local pick up in Orlando, FL, failure to appear at the appointed date, time, and location shall be considered an act of default, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Florida. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred. Any items not picked up by 5 p.m. EST on Wednesday, September 6, 2023 will become the property of Legacy Auctions & Estate Sales, Inc. Exceptions will only be made for those who request delivery or shipping. Many items can be delivered or shipped if arrangements for pick up are not able to be made. Appropriate charges for delivery or shipping will be applied to the Winning Bidder's account and must be paid in advance of service being provided. Delivery in the Greater Orlando, Florida Metropolitan area will only be performed during business hours and will be charged at a rate of $20-$30 per delivery. Delivery is also available throughout the State of Florida and is only available in cases where delivery will be less expensive than shipping. Shipping is discussed further in #14 below.

7. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Florida. Buyer acknowledges that any and all disputes shall be governed by Florida Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Ninth Judicial Circuit, Orange County, Orlando, Florida.

8. Time shall be of the essence as to all of the Buyer's obligations.

9. Auctioneer reserves the right to resell any personal property not paid in full within three (3) days of the auction closing date. In any scenario where full payment is not made, the winning bidder will not be refunded for any partial payments or deposits made. Any partial payments that are able to be processed will be considered fees for restocking or finding a backup buyer.

10. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material.

11. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledge persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records.

12. By registering and bidding, the Buyer acknowledges they understand, accept and agree to these Terms and Conditions. The Buyer acknowledges that they have had ample opportunity to read the Terms and Conditions of the Auction Sale.

13. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning.

14. Shipping - Shipping is available on all lots in this auction. The Auctioneer has implemented a MINIMUM $20.00 total cost per order for shipping, which covers the cost for packing, purchasing the shipping label, labeling, and tracking each package. Ultimately, most smaller items that fit in standard boxes will cost a total of $20.00 for shipping. The Auctioneer has hired an inexpensive 3rd party professional packing & shipping service to facilitate shipments for anyone who buys items that are available for shipping and submits a request for shipping service to be provided. The shipper will ONLY ship to the "Shipping Address," which is defined as the address linked to the bank/credit card used to register for the auction and pay for the purchase. The shipper WILL NOT ship to any other alternative address (please also see #5 above). The Auctioneer may decline bidding in instances where a registrant's profile address does not match their bank card address. Shipping is offered via USPS or United Parcel Service, and the carrier will be selected based on the least expensive option. The shipper uses Shipping Saint software to manage their shipping process, and all buyers will be sent an email from Shipping Saint within a few hours after the auction is over. Buyers who require shipping must follow the instructions within the Shipping Saint email to request their purchase to be shipped.

In order to streamline the shipping service for small purchases, the Auctioneer has a policy of a minimum and standard $20.00 shipping cost. This means that shipping will be a minimum of $20.00 charge, regardless of the price, size, or shipping destination of any purchase. Shipping is likely to cost more than $20.00 if multiple items or large items are purchased, requiring extra handling time. For larger orders, handling fees will be calculated at $10.00 per 15 minutes required to safely pack the order, plus the cost of the shipping label. For example, very large orders that take 45 minutes to pack will be charged approximately $30.00 in handling fees, plus the cost of the shipping label. Materials and boxes are fairly inexpensive and may cost up to $10 dollars extra, depending on the box size. In addition, any use of foam board to protect wall art, posters, framed items, or other delicate and flat items may incur an additional cost of approximately $2 per square foot of 3/4" foam board. Shipping label cost will be added to the cost of all shipments, with the exception of orders that are only being charged the $20 minimum shipping cost.

The shipper's pricing is reasonable in comparison with other auction houses and 3rd Party shippers. It is expected that buyers understand the inflated cost of shipping labels, labor rates, cardboard boxes, and packing materials since the beginning of 2020. In any instance where a buyer is unhappy with the cost of shipping, the Auctioneer will require local pick up by a courier or other buyer's agent within 72 hours of shipping invoice presentment.

***The Auctioneer is not responsible for filing or pursuing insurance claims. In the very rare occurrence of a damaged package, it is the Winning Bidder's responsibility to file an insurance claim. The Auctioneer will assist the Winning Bidder with the necessary documentation required by the claims adjuster, but the Auctioneer will not file or pursue insurance claims.***

15. The Auctioneer may not accept bids from new members with less than 60 days of bidding and successful payment history. Exceptions can be made in cases where the registrant is willing to place an electronic pre-auction deposit via Zelle or Venmo. Exemptions to this rule include family and friends of the Consignor(s) and those who are acquainted with regular customers or other local auctioneers who can be contacted as references.

16. The Auctioneer does not accept bids from anyone who has had a documented history of unpaid invoices or unpaid shipping bills with other affiliates or online Auctioneers. The Auctioneer also does not tolerate non-payment occurrences with Legacy Auctions & Estate Sales, Inc. The Auctioneer will document any such issue on the bidder's online profile. The Auctioneer will also pursue any damages caused by an unpaid invoice by filing suit with the Orange County Court Clerk. A $250 filing fee will also be added as damages to the complaint.

17. The Auctioneer does not accept bids from anyone who has had a documented history of rudeness, difficulty, or other similar problems with affiliates or other online Auctioneers. The Auctioneer does not tolerate these types of problems and will document any such issues (which may occur in their place of business or via email/telephone) within the bidder's online profile. The Auctioneer expects that any disagreements are to be handled in a professional manner.

18. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.