Designer Wardrobe: Fall Edition

ATOMIC PEAR LLC - STANDARD POLICIES & AUCTION TERMS

(1) Acceptance; Binding Contract

Atomic Pear LLC ("Atomic Pear," "we," "us") conducts online auctions including timed auctions through LiveAuctioneers and other permitted bidding channels. By registering, bidding, or purchasing, you ("Bidder/Buyer") agree to these Terms and any applicable LiveAuctioneers/platform terms. Placing a bid is a binding offer; if you win, you are obligated to pay all amounts due.

(2) As-Is Sale; Descriptions; Condition

All lots are sold AS IS, WHERE IS, with all faults. Neither Atomic Pear nor any consignor makes warranties or representations, express or implied, regarding description, genuineness, authorship, attribution, provenance, period, culture, source/origin, condition, merchantability, or fitness for a particular purpose. All catalog statements (including any COA references) are opinions offered in good faith and are not guarantees. Photographs form part of the description; color and condition may appear different depending on lighting/monitor settings. Buyers are responsible for reviewing all images and requesting additional information before bidding. Condition reports, if provided, are a courtesy and not a guarantee (see disclaimer below). Normal wear consistent with age/use should be expected.

Condition Reports Disclaimer: Condition reports are provided as a courtesy to assist potential bidders and represents our opinion only; it is not a statement of fact and is not a substitute for professional evaluation. Bidders are strongly encouraged to conduct their own due diligence regarding condition prior to bidding. The absence of a condition report does not imply that a lot is free from condition issues. Our assessments are based on a visual inspection only. Unless specifically noted, items have not been examined under UV light. Timepiece movements, lighting, electrical, and mechanical components have not been tested, and artworks are typically not examined outside of their frames, unless otherwise stated. While we strive to provide accurate information, Atomic Pear is not a professional conservator or restorer; therefore, this report should not be interpreted as a comprehensive description of condition. The provided images form part of the condition report and should be reviewed carefully. All property is sold 'as is, where is,' with all faults. For additional photos or to arrange a virtual/in-person inspection, please call (716) 383-5814 or email info@atomicpear.com.

Time-limited claims: Any claim that an item is materially misdescribed (including authenticity/attribution/provenance) must be submitted in writing within 7 days of delivery or pickup, with supporting documentation. If no written notice is received within this period, the Buyer waives such claim.

Authenticity / Attribution Claims; Exclusive Remedy: Atomic Pear does not accept returns or issue refunds. Any claim that an item has been materially misdescribed with respect to authenticity, attribution, or provenance must be submitted in writing within seven (7) days of delivery or pickup, together with supporting documentation. If Atomic Pear determines, in its sole discretion, that the claim is supported by credible evidence, the Buyer's sole and exclusive remedy shall be the issuance of store credit equal to the hammer price paid for the lot. No cash refunds will be provided. Buyer?s premiums, platform fees, taxes, shipping charges, insurance, authentication costs, third-party inspection fees, and all other expenses are non-refundable. Store credit is non-transferable, has no cash value, and may be applied only toward future purchases from Atomic Pear. Failure to submit a written claim within the seven (7) day period constitutes a complete waiver of the claim.

(3) Winning Bids; Payment; Non-Payment

A winning bid is a binding obligation to pay the full invoice amount (hammer price plus buyer's premium, taxes where applicable, shipping/handling if selected, and any platform fees).

(4) Auctioneer Discretion; Errors; Disputes

Atomic Pear reserves the right to: withdraw lots; correct catalog errors and clerical mistakes; refuse, revoke, cancel, reject or rescind any registration or bid; reopen bidding; determine bid increments; resolve disputes; and re-offer a lot if necessary. In the event of any dispute, Atomic Pear's and/or the platform's sale record shall be conclusive. Atomic Pear is not responsible for internet latency, data lag, platform outages, or missed bids due to technical issues.

(5) PAYMENT POLICY

Accepted payment methods: LiveAuctioneers Payments, major credit cards, wire transfer (required for high-value invoices), and other methods approved in advance. Personal checks are accepted only if credit has been established with Atomic Pear or if bank authorization guaranteeing the check is received. Merchandise paid by personal check may be held until the check clears. A $75.00 handling/processing fee applies to any dishonored check.

Invoice & payment deadline: Atomic Pear will contact Buyers within three (3) days after the auction ends. Payment in full is due upon notification/invoice and must be completed no later than three (3) days after the invoice is received.

Wire transfer requirement: We reserve the right to require wire transfer for invoices over $2,000 and/or for first-time buyers, or high-value invoices.

Late payment / interest: Atomic Pear may charge 1.5% monthly interest on any balance remaining fifteen (15) days after invoice issuance.

Authorization to charge card on file: If payment arrangements have not been made within three (3) days of invoice issuance, Atomic Pear reserves the right (where permitted by platform rules and law) to charge the credit card used to register for the auction for the full invoice amount.

Default / non-payment: Any lot not paid within three (3) days may be canceled and relisted/resold. Non-paying buyers may be blocked from future auctions and a dispute may be filed through the platform. Atomic Pear may pursue permitted remedies, including recovery of fees, losses, and costs. Administrative fees and/or restocking/resale fees may apply where allowed.

Chargebacks: Unauthorized chargebacks are a breach of these Terms. Please contact Atomic Pear first so we can resolve issues promptly.

Sales tax: Sales tax will be collected when required by law based on the ship-to address and applicable exemptions. Tax-exempt buyers may submit a valid exemption certificate through LiveAuctioneers.

Title: Title passes only after cleared payment in full has been received.

(6) SHIPPING & PICKUP POLICY (NO IN-HOUSE SHIPPING)

Shipping responsibility: All shipping charges are borne by the Buyer. Atomic Pear does not offer in-house shipping at this time. LiveAuctioneers may add shipping charges to your invoice if you select LiveAuctioneers Shipping.

Available options (as shown on the listing):
1. LiveAuctioneers Shipping (if eligible/available), and/or
2. Arrange Your Own Shipping, and/or
3. Complimentary Local Delivery (Buffalo, NY Area)

Because we handle a high volume of lots and do not provide in-house shipping, please allow 7-10 business days after cleared payment for order processing and release to any shipper (including LiveAuctioneers Shipping or a carrier arranged by the Buyer). This handling window covers locating, consolidating, and preparing items for pickup; it is not a carrier transit estimate. Shipper pickup schedules are controlled by the shipping provider, and occasional delays may occur due to volume, weekends/holidays, weather, or carrier availability.

Shipping address: To avoid shipping delays, please provide a physical shipping address at checkout and ensure it is correct. Questions: email info@atomicpear.com and reference your invoice number.

Complimentary Local Delivery (Buffalo, NY Area)

As a courtesy, Atomic Pear offers complimentary local delivery for most purchases within the Buffalo, New York area, subject to scheduling, order size, delivery location, and route availability. Buyers wishing to utilize complimentary local delivery should select the "Local Pickup" option during checkout. Atomic Pear will contact the Buyer when the order is ready to arrange a mutually convenient delivery date and time.

Order readiness: Because Atomic Pear processes a high volume of lots, most orders are typically ready for delivery within 5-7 business days after auction close (some fragile or multi-lot orders may require 7-10 business days). Delivery appointments are scheduled in the order requests are received and may be affected by volume, weather, holidays, and route availability.

An adult recipient may be required to be present at the time of delivery. Atomic Pear reserves the right, in its sole discretion, to determine whether a delivery address falls within the complimentary local delivery area and may require alternative shipping arrangements for locations outside the service area or for unusually large, fragile, or specialty items.

Buyers receiving complimentary local delivery remain responsible for any applicable sales tax unless a valid exemption certificate is on file.

Removal deadline; storage; abandonment

Items must be removed from our facilities within ten (10) days of the end of the auction unless an extension has been arranged in writing. Items are stored at the Purchaser's risk.

A storage fee of $10.00 per day, per item may be assessed if items are not removed within the stated timeframe, regardless of size or value.

Unless prior written arrangements have been made, any item left in our facilities for more than ninety (90) days may, to the extent permitted by law, be deemed abandoned. Before resale/disposal, Atomic Pear may provide notice to the email and/or mailing address on file. If the item is sold, storage and processing fees will be deducted and any remaining balance will be mailed to the address on file (where permitted by law and platform policy).

Shipping risk / damage

Atomic Pear is not responsible for damage or loss due to shipping. Buyers are encouraged to insure shipments and retain all packaging materials for any carrier claim.

International buyers

Buyer is responsible for all duties, taxes, VAT, tariffs, brokerage, and import/export compliance (including CITES/endangered materials rules where applicable). Delays or denial of import/export permissions do not cancel the obligation to pay.

(7) Risk of Loss; Release

Risk of loss transfers to the Buyer upon pickup by the Buyer (or the Buyer's agent) or upon transfer to any carrier/shipping provider acting on the Buyer's behalf, whichever occurs first.

(8) Buyer's Premium; Taxes; Platform Fees

Buyer's premium and any platform fees are as stated on the LiveAuctioneers listing and are part of the purchase price. Sales tax is applied as required by law and/or collected by the platform based on the ship-to address and applicable exemptions.

(9) Limitation of Liability

To the maximum extent permitted by law, Atomic Pear's liability to any bidder/buyer for any claim related to a lot is limited to the hammer price actually paid for that lot. We are not liable for indirect, incidental, or consequential damages.

(10) Intellectual Property

Purchase does not convey copyright or reproduction rights. Atomic Pear reserves the right to reproduce and display images of lots for marketing, promotional, and archival purposes.

(11) Auction Communications / Promotional Messages

By registering for, bidding in, or purchasing from an Atomic Pear auction, you acknowledge that Atomic Pear may contact you using the email address, phone number, or other contact information associated with your LiveAuctioneers account or invoice regarding auction participation, bids, invoices, payment, shipping, pickup, delivery, customer service, and related transaction matters. Atomic Pear may also send occasional auction announcements, sale reminders, and promotional communications by email, where permitted by law and platform rules. You may request to stop receiving promotional emails from Atomic Pear at any time by replying with ?unsubscribe? or ?remove.? Atomic Pear does not sell bidder or buyer contact information to third parties for their independent marketing purposes. Transactional messages regarding active bids, invoices, purchases, shipping, pickup, delivery, disputes, or customer-service matters may still be sent as needed.

(12) Governing Law; Venue; Updates

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Buyer agrees that any action arising from or relating to these Terms or any sale shall be brought in the state or federal courts located in Erie County, New York, and Buyer consents to personal jurisdiction and venue there (unless the platform's dispute process requires otherwise). Atomic Pear may update these Terms at any time; continued participation constitutes acceptance of updates.

(13) Contact

Questions about lots, pickup scheduling, or shipping coordination: info@atomicpear.com.