Native American & Pre-Columbian Auction

HEARTLAND ARTIFACT AUCTIONS, INC.- TERMS OF SALE

These Terms of Sale (Terms) constitute a binding contract between Heartland Artifact Auctions, Inc. (Heartland or Auctioneer) and any person who registers to bid, places a bid, or purchases any item (Bidder or Buyer). By bidding in any auction facilitated by Heartland Artifact Auctions, Buyer acknowledges that they have read, understood, and agree to be bound by these Terms.

Heartland is defined as any person or persons acting on behalf in authorized and legal capacity of Heartland Artifact Auctions, Inc. Third-party platform is defined as any platform other than Heartland's own digital properties, which include its website, heartlandartifacts.com, and its dedicated, white-label auction and clerking console. Heartland's platform is defined as its official website, heartlandartifacts.com, and its dedicated, proprietary white-label clerking console and auction platform.

1. CONDITION OF ITEMS, DISCLAIMERS & AUTHENTICITY

1.1 Sold As Is, Where Is.

All items are sold strictly AS IS, WHERE IS, with all faults and defects, whether known or unknown, visible or hidden. No warranties, guarantees, or representations of any kind? express, implied, statutory, or otherwise are made by Heartland. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, quality, condition, completeness, rarity, originality, value, historical significance, and suitability for authentication.

1.2 Description, Sourcing, and Good-Faith Opinions

All items of Native American origin are obtained legally and ethically to the best of Heartland's knowledge. Heartland is not an authenticator and does not make any representations or warranties concerning:

- Age or period
- Cultural origin or cultural affiliation
- Material
- Typology
- Geographic origin
- Method or era of manufacture
- Historical use
- Timeline, provenance, or archaeological context

Any descriptive terms used (including prehistoric types or cultural identifiers) are good-faith opinions only and shall not be relied upon as statements of fact under any circumstances.

1.3 Buyer Responsibility for Inspection

Bidders are encouraged to inspect items prior to bidding.
By placing a bid, Buyer affirms that they have either:

(a) inspected the item; or
(b) waived their right to inspect the item.

Heartland is not responsible for costs incurred or associated with inspection, authentication, evaluation, or testing. All such costs and associated costs are solely the Buyer's responsibility, even in an instance that said item is deemed inauthentic or modern.

This clause of Section 1.3 is subject to the conditions and limitations outlined in Section 9.4 regarding damage during authentication.

1.4 Auction Previews

In-person previews of lots for sale are available up to 7 days prior to the auction date.

In-person previews are available by appointment only during regular business hours (Monday- Thursday, 9:00 AM?2:00 PM). Appointments must be scheduled in advance by contacting Heartland prior to the preview.

1.5 Sold Prices After Auction

A displayed sold price on any platform does not guarantee that a reserve was met. Some items may show as sold but remain unsold due to reserve requirements.

2. BIDDER REGISTRATION & CONTACT INFORMATION

2.1 Credit Card Requirement for Auction Registration

To be granted bidder approval on Heartland's platform, Bidder is required to provide a valid credit card to be stored securely on file with Heartland's chosen payment processor, Stripe. The provision of a credit card is mandatory and is a condition of participation. The Auctioneer reserves the right to decline registration for any individual unable to provide a qualifying credit card.

If Bidder is using a third party platform for auction participation, they must also provide a valid credit card to be stored securely on file with said third party platform. The Auctioneer reserves the right to decline registration on a third party platform for any individual unable to provide a qualifying credit card.

2.2 Accurate Bidder Information Required

Buyer is solely responsible for ensuring that the contact and shipping information in their bidder profile (including legal name, phone number, email address, and shipping address) is accurate and current. Heartland will communicate only through the phone number and email address listed in their bidder profile. Heartland is not required to search for alternative contact methods under any circumstances.

Assistance with bidder profile changes is available to bidders registered on Heartland?s website. Contact us for assistance prior to the auction date during our regular business hours.

Bidders registered for auction through third party platforms must contact said third party platform for assistance with updating their bidder profile.

2.3 Bidder Number

Buyer?s bidder number is nontransferable. All bids placed under that number are binding.

2.4 Right to Refuse Service

Heartland may refuse registration, bidding privileges, or auction attendance to any person at any time, for any reason, with or without cause.

3. BIDDING PROCEDURES

3.1 Highest Bidder

Items are sold to the highest bidder as recognized by the Auctioneer. All sales are final at the fall of the hammer or when declared closed.

3.2 Bid Disputes

In the event of a dispute, the Auctioneer's decision is final. The Auctioneer may reopen bidding, reject bids, or withdraw items at any time.

3.3 Lot Changes

Heartland may withdraw, subdivide, or combine lots at its discretion. Heartland may also alter item descriptions or photos of lots at any time before the item opens for bidding.

3.4 Online vs. Third-Party Platform Priority

If a bid is received simultaneously on Heartland's platform (heartlandartifacts.com) and a third-party platform, the Heartland platform bid shall take priority.

Heartland cannot be held liable for errors caused by third party platforms.

3.5 Phone Bidding

Phone bidding is not permitted unless explicitly approved by the Auctioneer in advance. Approved phone bidders will pay the same 15% buyer's premium as bidders on Heartland's website.

3.6 Post-Auction Sales

At the Auctioneer's discretion, unsold lots may be available to purchase after the auction, provided the consignor of said lots grants permission.

3.7 Underbidder Purchase Option

Unpaid, abandoned, or refused lots may be offered to the underbidder at the Auctioneer's discretion and with the consignor's permission.

4. BUYER'S PREMIUM & TAXES

4.1 Buyer's Premium: 18%

4.2 Sales Tax

Illinois residents must pay applicable sales tax unless a valid tax exemption form is provided prior to payment. Tax is calculated after the buyer's premium.

4.3 Sales Tax Regarding Third Party Platforms

Sales tax collected by third party platforms is at the discretion of said platform and Heartland is in no way liable for the collection or or remittance of said sales tax collected by third party platforms. Questions regarding collection by third party platforms or tax exemption must be inquired to said third party platform directly.

5. PAYMENT TERMS

5.1 Invoices

Invoices are issued after the auction and are due upon receipt.

5.2 Accepted Payment Methods

- Cash
- Personal check
- Cashier's check
- Credit/debit card
- PayPal
- ACH (with conditions)

5.3 ACH Payment Conditions

ACH payments require:

- Written communication of intent to pay via ACH prior to invoice payment
- A $10 convenience fee per invoice regardless of invoice amount

5.4 Checks Over $20,000

Must include a bank letter guaranteeing funds.

5.5 Required Written Notice For Payments Not By Means of Electronic Payment Processor

If Buyer intends to pay by any method other than that of an electronic payment processor (Stripe or Paypal), Buyer must notify Heartland by email prior to payment. Failure to do so authorizes Heartland to charge the card on file in accordance with Section 5.6 of these Terms.

5.6 Payment Timing & Charges

If payment is not received within:

7 days: We will attempt to contact Buyer using profile information on Buyer's bidder profile.

14 days: We will charge Buyer's card on file. If Buyer's card declines and the issue is not resolved within 2 days, Buyer's bidding privileges will be suspended, Buyer will be marked as a non-paying bidder, and a dispute will be filed.

5.7 Surcharge

A 4% surcharge applies to all invoices (including tax if applicable) if paid by means of an electronic payment processor (i.e. Stripe or PayPal).

5.8 Currency

All transactions are in U.S. Dollars (USD).

5.9 PayPal Not Available Through Third-Party Platforms

PayPal is not an accepted payment method through any third party platform unless otherwise stated on said third party platform through the third party platform?s own payment terms.

Any questions regarding this should be asked directly to the third party platform utilized by Buyer.

6. SHIPPING & HANDLING

6.1 General Shipping & Special Requests

Shipping occurs via USPS or UPS, unless other arrangements are made prior to shipping.

Tracking will be emailed after the label is generated. Please check spam or junk mail folders for tracking messages prior to contacting Heartland.

Allow 7-10 business days for packaging of shipment from the time of payment. Allow 24? 72 hours for tracking updates from the time the tracking number is received. Heartland is not responsible for the deliverability of email notifications regarding shipments that are filtered out by any email provider. Heartland encourages any Buyer to check their spam folder in the event that they do not see a tracking number in their primary email inbox.

Special shipping requests must be made via written communication prior to paying the invoice.

This includes, but is not limited to:

- Holding packages (e.g., while on vacation)
- Alternate seasonal shipping addresses
- Requests to ship Priority or Priority Express
- Requests for Signature Required service

6.2 Insurance

Additional insurance above the standard $100 coverage offered by USPS and UPS is available by request. Buyer?s invoice will be updated to reflect the additional charges for this request. Insurance is not available after the package has already been shipped in accordance with carrier policies.

6.3 Cost Adjustments

In the event the actual cost to ship is above the billed amount, Buyer will be notified, and an additional invoice will be generated with the remaining balance due for shipping. Failure to pay the additional charges will result in the assumed abandonment of the items being shipped. No refund will be given in this case.

6.4 Large, Heavy, or Fragile Items

Heartland may outsource shipping to UPS or other carriers at its discretion. In those cases, the carrier will contact Buyer directly for payment, using the contact information provided on Buyer invoice and bidder profile at the time of auction for said items being shipped.

6.5 Pick-Up

Pick-up is available by appointment only during business hours, Monday through Thursday, 9:00 AM to 2:00 PM. Items will be held for pick up no longer than 14 days.

6.6 Buyer's Responsibility

Once the carrier (USPS, UPS, etc.) receives and scans the package, all risk transfers to Buyer. Once packages leave our possession, Heartland is no longer responsible. Delivery time is at the will of the carrier. All responsibility for lost or damaged packages falls to Buyer.

Heartland is not responsible for:
- Loss
- Theft
- Damage
- Delays
- Tracking issues
- Misdelivery
- Non-delivery
- Carrier negligence
- Carrier denial of claims

All delivery issues must be resolved directly with the carrier.

In the event Heartland fails to use the shipping address as it is entered into the bidders profile at the time of invoice generated, Heartland will assume responsibility for retrieving and reshipping items to the correct address at our expense.

If the package was not insured via request of Buyer in writing prior to shipment, Heartland will not be responsible for refunds of any kind in any amount related to that shipment or the invoiced amount thereof.

6.7 Shipping Facilitated By Third Party Platforms

In the event that Buyer chooses to utilize a shipping method facilitated by third party auction platforms, Heartland is not liable for any errors caused by the third party platform or the carriers associated with said third party platform.

6.8 Shipping & Compliance Regarding Native American Artifacts

Due to federal law and other regulations regarding the interstate and international shipment of certain items, Heartland Artifact Auctions, Inc. will, under no circumstances, ship any Native American Artifacts outside of the United States of America.

Shipping Address Requirement: Any Buyer or Bidder placing a bid on, or purchasing, Native American Artifacts is solely and unconditionally responsible for providing a valid, verifiable shipping address located within the United States of America.

Failure to Comply and Cancellation: Failure to provide a qualifying United States shipping address, shall result in the immediate cancellation of the sale of the said Native American Artifact(s).

Remedy and Refund: In the event of such a cancellation due to the Buyer's non-compliance with this shipping restriction, a refund of any kind (including the purchase price, Buyer's Premium, or shipping fees) is not guaranteed and will be at the sole and absolute discretion of the Auctioneer. The Buyer agrees to waive any and all claims related to the cancellation and refusal of a refund under these circumstances.


7. RISK OF LOSS

Risk of loss transfers to Buyer when:

(a) the item is paid for, and
(b) the carrier accepts the package

The initial carrier acceptance scan is defined as the carrier scanning the label provided by the carrier and affixed to said package.

In the event that a label appears to not be scanned but has been retrieved by the carrier to Heartland's knowledge, Heartland will contact the carrier directly to attempt generation of internal system reports that may show scan and receipt of package to the carrier.

If Heartland is unable to deliver an item because of theft, fire, or other cause before delivery to the carrier, Heartland will refund the purchase price and buyer's premium. This is the sole and exclusive remedy.

8. DEFAULT & ABANDONMENT

8.1 Buyer Default

If Buyer fails to comply with these Terms, Heartland will:
- Cancel the sale
- Retain payments as liquidated damages
- Resell the item
- Hold Buyer responsible for resale losses, fees, legal costs, and commissions

8.2 30-Day Abandonment Policy

Items will be deemed abandoned if:

(a) Buyer does not pay within 30 days of the auction; or
(b) Buyer has paid, but Heartland cannot ship the item due to an incomplete or incorrect address and cannot reach Buyer using the phone number and email provided on the bidder profile of said Buyer, within 30 days; or
(c) If a third-party shipper (such as UPS, as referenced in Section 6.4) is utilized and is unable to contact Buyer, or Buyer refuses to pay the shipping charges, this also constitutes abandonment and forfeiture of the item(s), and loss of bidding privileges.

Abandoned items become the property of Heartland with no refund provided.

9. RETURN POLICY

9.1 30-Day Return Window

Returns are accepted for any reason within 30 days of the sale date, except as noted below in accordance with Section 9.5 in these Terms.

Refund Condition: Upon Heartland's receipt of the returned item(s) in the original condition as sold in and with all attached paperwork if applicable, Buyer will be refunded the purchase price and buyer?s premium.

9.2 Required Written Notice

Buyer must notify Heartland via written communication before sending any return.
Unannounced returns will be refused, and no refund will be issued.

9.3 Buyer-Paid Return Shipping

All return shipping costs are the responsibility of Buyer. This includes items returned under the Authentication Exception For 30-Day Return Extension.

9.4 Authentication Exception For 30-Day Return Extension

To qualify for the Authentication Exception For 30-Day Return Extension, Buyer must:

- Notify Heartland via written communication of their intent to have an item authenticated at the time of invoice payment
- Mail the original kill letter
- Mail the item in its original condition with any associated paperwork
- Inform Heartland with the authenticator's intent to discredit the item before the 30-Day return period
- Provide a tracking number for the shipment of the returned item to Heartland

Heartland reserves the right to contact and verify the kill letter status directly with the authenticator.

Once Heartland receives the returned item(s) in the original condition as sold in and with all attached paperwork if applicable, Buyer will be refunded the purchase price and buyer's premium.

Authentication assessments must be completed within 30 days after the auction date. Assessments completed after 30 days of the auction date are not eligible for refund.

Special Condition for Damaged Items: Items damaged during the authentication or testing process that are subsequently found to be inauthentic may be returned, but the refund will be the purchase price and buyer's premium minus a deduction of 25% of the item's selling price to account for the damage. Buyer bears the risk and costs of the authentication/testing process.

9.5 Items With Existing Certificates of Authenticity

Items already accompanied by a Certificate of Authenticity from any of the following authenticators will not be accepted for return/refund for any reason:

- Roy Motley
- John Leithoff
- Jerry Dickey
- Jim Bennett
- Ryan Keele
- Josh Davis
- Ben Stermer
- Maury Meadows
- Ken Partain
- Gregory Perino

Items containing a Certificate of Authenticity from an authenticator listed also do not qualify for the Authentication Exception For 30-Day Return Extension.

10. LIMITATION OF LIABILITY

Heartland's liability is strictly limited to the amount actually paid for the item.

Heartland is not liable for:
- Lost profits
- Consequential damages
- Incidental damages
- Emotional distress
- Business interruption
- Personal injury
- Authentication costs
- Shipping delays or losses
- Acts or omissions of third-party platforms or carriers

This limitation applies to all claims, including negligence.

11. GOVERNING LAW

All transactions are governed by the laws of the State of Illinois. If any portion of these Terms is deemed unenforceable, the remaining provisions remain in full force.

12. MODIFICATIONS

Heartland Artifact Auctions, Inc. may update or modify these Terms at any time without prior notice. Revised Terms apply to all transactions occurring after the date of publication.

13. MARKETING COMMUNICATIONS

By registering to bid, Buyer agrees to receive marketing emails and SMS messages. Buyer may opt out at any time.

14. STAFF BIDDING

Auctioneers and staff may bid in any auction facilitated by Heartland.

15. CUSTOMER SERVICE

Phone: 217-617-7994
Email: info@heartlandartifacts.com