August Fine & Decorative Arts Online 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. All post-auction communications are done via email, so please be sure that important emails are not being blocked by a spam blocker. Within a few hours after the close of the auction event, the Winning Bidder for the property shall receive an e-mail from Legacy Auctions & Estate Sales, Inc. via LiveAuctioneers, 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 and shipping.

5. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price plus buyer's premium 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 $5,000.00 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, Venmo, or cryptocurrency. Any alternative arrangements must be made prior to the end of the auction. 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 Tuesday, September 3, 2024 will become the property of Legacy Auctions & Estate Sales, Inc. Exceptions will only be made for those who request delivery or shipping. All items can be delivered or shipped if arrangements for pick up are not able to be made. Appropriate charges for delivery or shipping 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 beyond in some cases) and is only available in cases where delivery will be less expensive than the cost of 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 four (4) 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 collected by the processor. 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 knowledgeable 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. No refunds.

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 for all lots in this auction. First, we want to make it clear that we offer ground delivery services in any case where ground shipping is the least expensive option. This is often the case with larger and heavier pieces. Ground delivery is usually anywhere from $100 per lot for closer locations to around $450 to the furthest locations in the Western United States. In fact, delivery can be less expensive if we are able to establish a route to your area, mainly in the Southeastern US, Kentucky, Indiana, and Illinois. Our shipping policy is fairly simple. First, please expect that all shipments will cost at least $20, which includes a small handling fee. This $20 covers all small sized shipments that will be mailed via USPS Priority Mail. If an item is not small, most items include sizes and weights, so you can easily calculate the actual shipping cost to your location on USPS.com or UPS.com (UPS is for larger shipments). We will not be able to estimate shipping cost for you during the auction because this would be a slippery slope if everyone asked for shipping quotes. We offer combined shipping, but as the number of items or the size of items increases, our resource requirements also increases. You'll want to expect an additional $5 per every additional 10 minutes required to bubble wrap and pack additional items. Also, your cost of bubble wrap and a larger box may cause your shipping cost to increase too. Our formula for shipping cost is as follows: $20 + The time it takes for every additional 10 minutes of packing @ $5 per 10 minute interval + Cost of any additional shipping materials + Cost of increased dimensions and weight for additional or larger items + any additional shipping insurance required. All packages will be fully insured at the buyer's expense, no exceptions. *The shipper will ONLY ship to the "Shipping Address," which is defined as the address linked to the bank/credit card used to pay for the purchase. The shipper WILL NOT ship to any other alternative address (please also see #5 in our terms and conditions). Shipping is offered via USPS or United Parcel Service, and the carrier will be selected based on the least expensive option. We use Shipping Saint software to manage our shipping process, and all buyers will be sent an email from Shipping Saint within a few hours after the auction is over. Shipping Saint will also send updated communications throughout the process. Buyers who require shipping must follow the instructions within the Shipping Saint email to request their purchase to be shipped. The shipper's pricing is reasonable in comparison with other auction houses and 3rd Party shippers. It is expected that buyers understand the cost of shipping labels, labor rates, cardboard boxes, and packing materials. In any instance where a buyer is unhappy with the cost of shipping, the Auctioneer has the right to decline shipping service and require local pick up by a courier or other buyer's agent within 72 hours of shipping invoice presentment.

The Auctioneer does not allow buyers to send their own shipping labels. The Auctioneer and 3rd Party Shipper both require that all contents, tracking, and steps to create shipping labels are properly documented via the Shipping Saint software.

***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.