Native American & Southwest Jewelry Collection - 9/19

Acceptance of Terms
Registration and/or participation in this auction constitutes a binding agreement by the bidder to all Terms and Conditions set forth by Legacy Estate Settlement, LLC, doing business as Retro Roadshow (“Auction Company”). By registering or placing a bid, the bidder acknowledges that they have read, understand, and agree to be bound by these Terms and Conditions.

Electronic registration, bidding activity, and platform time-stamped records constitute binding electronic signatures and admissible evidence of assent under applicable electronic transaction laws.

Registration, Verification & Payment Authorization
All bidders must provide complete and accurate registration information, including valid credit card details, and must be of legal age. By registering, the bidder represents that all information provided is accurate and that they are authorized to use the payment method provided.

If address information does not match, billing discrepancies arise, or fraud is suspected, the Auction Company may require identity verification, including government-issued photo identification, selfie verification, proof of address, or payment via wire or ACH. Failure to provide requested verification may result in cancellation, suspension, or refusal of bidding privileges.

By registering and providing a credit card, the bidder authorizes the Auction Company to charge the card on file for all successful bids, including hammer price, 18% buyer’s premium, applicable taxes, shipping, handling, insurance, storage, administrative fees, liquidated damages where applicable, and all related charges.

The Auction Company reserves the right to require alternative forms of payment for new bidders, high-value invoices, international bidders, or address changes.

Buyer’s Premium, Sales Tax & Fees
An 18% buyer’s premium will be added to the hammer price of all lots.

Sales tax will be charged as required by law. Valid exemption documentation must be submitted prior to invoicing.

All packing, shipping, handling, insurance, storage, administrative, restocking, and related fees are the responsibility of the buyer and form part of the total invoice.

Bidding Procedures & Auctioneer Authority
All bids placed are binding. The highest bidder acknowledged by the Auction Company shall be the purchaser.

The Auction Company reserves sole discretion to:

Reject bids
Resolve disputes or tie bids
Withdraw, combine, divide, or re-offer lots
Cancel or resell lots in the event of clerical error, dispute, or nonpayment
In all disputes, the Auction Company’s records and the hosting platform’s logs shall be final and conclusive evidence.

Auctions are with reserve unless explicitly designated as absolute.

AS-IS Condition, Descriptions & Authenticity
All items are sold AS IS, WHERE IS, with all faults, and without warranties of merchantability or fitness for a particular purpose. Any and all warranties, express or implied, are expressly disclaimed.

Descriptions, attributions, cultural references, metal identifications, and gemstone identifications reflect the Auction Company’s reasonable opinion based on available information and testing methods at the time of cataloging and are not guarantees unless expressly stated in writing.

Photographs are provided for identification purposes and may not reflect all wear, repairs, or imperfections. Normal wear consistent with age and use may not be specifically described.

No post-sale third-party opinion, grading result, or appraisal shall constitute grounds for cancellation, return, or refund.

Winning Bids, Invoicing & Payment
Invoices will be emailed within a reasonable time following auction close. Full payment is required within the timeframe stated on the invoice.

Failure to complete payment constitutes breach of contract.

The Auction Company may assess liquidated damages of up to fifty percent (50%) of the total invoice amount for canceled, forfeited, reversed, or chargeback transactions. The parties acknowledge that actual damages would be difficult to determine at the time of contracting and agree that this amount represents a reasonable pre-estimate of administrative expense, loss of resale opportunity, reputational harm, market risk, and diminished resale value, and is not a penalty.

Unpaid balances may accrue interest at the statutory rate permitted under Ohio law from the invoice due date until paid in full.

The Auction Company reserves the right to pursue all lawful collection remedies, including recovery of attorneys’ fees, court costs, collection agency fees, and related expenses to the fullest extent permitted by law. Payment obligations survive cancellation or termination of the transaction.

Delivery, Shipping, Risk of Loss & Insurance
Title & Risk of Loss
Title passes upon acceptance of the winning bid. Risk of loss passes to the purchaser upon:

Transfer of the item to the carrier for shipment; or
Pickup by the purchaser or their authorized agent.
Carrier confirmation of delivery or delivery attempt creates a rebuttable presumption of completed delivery and fulfillment of the Auction Company’s shipping obligation.

Once delivery is confirmed by carrier scan or documented delivery attempt at the address provided, the Auction Company’s shipping obligation is fulfilled. Failure to sign for, accept, or retrieve a shipment does not constitute non-delivery.

Buyer Shipping Responsibility
Buyers must provide accurate shipping information. Address changes after payment may require verification and may not be accommodated once shipping preparation begins.

Returned shipments due to refusal, failed delivery attempts, incorrect address, or failure to retrieve from carrier location will require payment of re-shipment and handling costs prior to re-delivery.

Insurance & Missing Package Procedure (Mandatory)
All shipments are insured through a third-party insurer.

If tracking shows “Delivered” but the package is not received, the buyer must complete the following within five (5) days of the delivery scan:

Contact the carrier and request GPS delivery scan information.
Permit carrier retrieval attempts if misdelivered.
If theft is suspected, file a police report and obtain a case number.
Provide all documentation to the Auction Company for insurance submission.
Refunds or replacements will not be issued unless and until the insurer approves the claim and funds are received.

Failure to cooperate with this procedure releases the Auction Company from further liability related to the shipment.

Chargebacks & Payment Disputes
Initiating a chargeback, ACH reversal, or payment dispute prior to completing the mandatory Insurance & Missing Package Procedure constitutes a material breach of contract.

The Auction Company reserves the right to dispute improper or unauthorized chargebacks and may submit bidder registration data, IP logs, bidding history, electronic acceptance records, invoice documentation, carrier tracking information, GPS delivery confirmation, and communications as evidence of contractual assent and fulfillment.

The bidder remains liable for all invoice amounts, liquidated damages, chargeback fees, collection costs, attorneys’ fees, court costs, interest, and related expenses arising from improper disputes to the fullest extent permitted by law.

Nothing herein limits rights under applicable consumer protection law.

Abandoned Property
Items not claimed, delivered, or otherwise resolved within thirty (30) days after payment may be deemed abandoned. The Auction Company may resell such items without refund and apply proceeds toward storage, administrative costs, and damages without further notice to the buyer.

International Shipping & Customs
International buyers are solely responsible for compliance with import laws, duties, VAT, brokerage fees, customs requirements, and related charges.

All international shipments will be declared at full invoice value. Items refused, seized, or not cleared through customs may be deemed abandoned without refund.

Removal & Property Damage
Buyers are responsible for providing necessary labor, equipment, and materials for pickup. Buyers assume all risk during removal and are liable for property damage or injury occurring during pickup.

Force Majeure
The Auction Company shall not be liable for delays or failure to perform due to events beyond its reasonable control, including carrier delays, weather events, system outages, government action, labor disputes, or public emergencies.

Limitation of Liability
Liability of the Auction Company shall not exceed the amount paid for the specific lot giving rise to the claim.

The Auction Company shall not be liable for incidental, consequential, special, or punitive damages to the fullest extent permitted by law.

Consignor & Affiliate Bidding
Consignors and individuals affiliated with the Auction Company may bid where permitted by law.

Communications & Text Messaging Consent
By registering, bidders consent to receive communications by email, text message, or phone regarding auctions, invoices, shipping, and promotions.

Text frequency may vary. Message and data rates may apply. Bidders may opt out of promotional texts by replying “STOP.”

Failure to receive communications due to incorrect contact information does not relieve payment obligations.

Changes to Terms
The Auction Company may update these Terms at any time. The version in effect at the close of an auction governs that auction.

Governing Law & Venue
These Terms shall be governed by the laws of the State of Ohio.

Bidder expressly consents to personal jurisdiction and exclusive venue in the state or federal courts located in or serving Portage County, Ohio.

Severability & Entire Agreement
If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between bidder and Auction Company and supersede all prior agreements or representations.