Estate and Collectibles

Terms & Conditions
The following terms and conditions constitute the terms by which all property offered and sold through Auctions by Wendy is offered for sale. By registering to bid at auction, you agree to these terms and conditions.

I. Auctions by Wendy reserves the right to change the terms of sale at any time, as such any changes shall be made to these Conditions of Sale.

II. All descriptions of lots whether written or oral, inclusive of condition, creator, material, or period are a matter of opinion and no statement shall be deemed as a guarantee or implied warranty. All lots are sold "as is". Auctions by Wendy makes no warranty of merchantability or fitness for a particular purpose or desired use. Auctions by Wendy assumes no liability for the failure to identify materials from endangered or protected species or for incorrectly identifying such materials. Reference to condition written, oral or within a condition report shall not be regarded as a full account of condition and may not include all defects, alterations, or restorations. Absence of a condition report does not imply a lot is flawless or lacking imperfections or damage. Additionally, we shall not be held liable for variations of color or appearance between the actual lot and the images depicted online or in print. Auctions by Wendy strongly advises inspection of any lot prior to bidding. The copyright of all images, illustrations and written material produced by or for Auctions by Wendy pertaining to a lot, including the contents of our catalogue, is, and shall remain at all times, the property of Auctions by Wendy and shall not be used by the buyer, nor by anyone else, without our prior written consent.

III. Estimates are placed on each lot with a low and high estimate provided as a guide for potential buyers. These estimates are subject to revision and should not be relied on as a guarantee of what a lot will sell for. Estimates do not include buyer's premium.

IV. Auctions by Wendy reserves the right in its sole discretion to withdraw any lot at any time before or during the sale and shall have no liability for this decision.

V. Unless otherwise noted, all lots offered for sale are subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Reserves are agreed upon with the consignor of said lot or held at the absolute discretion of Auctions by Wendy. The auctioneer may reject or rescind any acceptance of a bid that does not meet this reserve and may withdraw the lot from the sale.

VI. Auctions by Wendy reserves the right at our discretion to refuse any bid.

VII. The auctioneer may at his/her discretion: (a) accept or refuse any bid; (b) withdraw any lot from the auction; (c) admit a new bidder or remove a bidder from the auction; (d) reopen or continue the bidding even after the hammer has fallen; (e) divide or combine lots; (f) alter bidding increments; (g) resolve any disputing bids. Auctions by Wendy shall not be liable, obligated, or responsible for failure to recognize or execute any bids regardless of reason.

VIII. Auctions by Wendy or partners with third party online bidding platforms which collect their own fees and have their own rules and regulations for registration and bidding. Auctions by Wendy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of these bidding platforms. Bidders choosing to bid through a third-party bidding platform, cannot hold Auctions by Wendy liable for any special, incidental, or consequential damages or loss that results from the use of, or inability to use, these bidding platforms. Bidders are encouraged to resolve their dealings with third party bidding platforms directly with such bidding platforms.

IX. Auctions by Wendy may videotape and/or audio record the auction proceedings at any given auction. While we will exercise confidentiality regarding any personal information, please be aware of this when choosing to bid with us.

Buyer's Responsibility

X. The highest bidder acknowledged by the auctioneer at the close of any offered lot assumes ownership and full risk and responsibility for the property sold. A bidder is agreeing to accept all personal liability to pay the full purchase price inclusive of buyer's premium and any taxes or associated fees upon the act of placing a bid with Auctions by Wendy. Payment must be made immediately following the auction. No lot may leave Auctions by Wendy's premises until payment has been received in full.

A buyer's premium will be added to the hammer price and is payable by the buyer as part of the total purchase price. Buyer's Premium is 20% of the hammer price.

Unless exempt by law, the buyer will be required to pay all applicable New York sales or use tax. A tax exemption form must be provided to Auctions by Wendy in advance of payment for sales tax to be removed from an invoice.

Auctions by Wendy accepts payment in the form credit, or bank transfer; and reserves the right in its own discretion to reject any form of payment in preference to another. Payment is required at the close of the auction. Payments credit card must be accompanied by valid identification. The purchaser agrees to pay Auctions by Wendy a fee of $50 for any Credit card payments denied. Auctions by Wendy will accept credit cards strictly with a signed credit card authorization form and photo identification; and are subject to a 3% surcharge. Auctions by Wendy reserves the right to hold any purchases until payments by credit have cleared. For jewelry purchases over $1,000 USD, acceptable methods of payment are credit cards, that clear, cashiers check, wire transfer. Buyers are not permitted to split an open balance across multiple payment methods.


If the buyer fails to make payment within three (3) business days of the sale, Auctions by Wendy may in our sole discretion exercise one or more other remedies, including but not limited to: (i) reject future bidding, (ii) charge interest of 2% per day on the total purchase price on any balance remaining, (iii) with thirty (30) days' notice, resell the lot, or sell any property belonging to the buyer that remains in Auctions by Wendy possession and apply the proceeds to the amount owed, with understanding that if the lot sells at a price lower than that which is owed, the buyer will still be held liable for the remaining portion, (iv) bring legal proceedings against you to recover the balance owed in addition to any other loss, interest and legal fees or (v) take any other such action as we deem to be necessary or appropriate, subject to a $25 additional fee.


XI. The buyer is responsible for arranging pick-up and shipment of all purchased lots. All registered bidders are responsible for obtaining quotes through in-house shipping, in advance of bidding. Shipping is available, as is in person, by appointment. Not all items are eligible for in-house shipping. Auctions by Wendy will not be responsible for any loss, damage, theft, or otherwise responsible for any items left in Auctions by Wendy possession three (3) days after the sale. If arrangements for shipping have not been made and communicated within three (3) days, Auctions by Wendy reserves the right, at this time, to charge your credit card oon file, and sell any items left on the premises. Accumulated fees resulting from storage and insurance cost will be taken out of any proceeds that contain materials of endangered or protected species may be subject to regulations disallowing export and import into other states or countries. It is the buyer's responsibility to be aware of all applicable laws and regulations and to obtain any required export or import licenses or certificates and any other required documentation.


XII. Any disputes a buyer may have regarding a purchase must be submitted to Auctions by Wendy in writing within three (3) days of the sale date. Disputes will not be considered past this date. Auctions by Wendy may at its sole discretion, but shall not be obligated to, consider any reasonable request for rescission of a sale on the basis of authenticity of authorship. Returns shall not be accepted on the basis of condition. Disputes arising from damage incurred during in-house shipping are subject to the terms and conditions of filing a shipping insurance claim and of no guarantee.All items are sold "AS-IS"


XIII. Auctions by Wendy reserves the right, but not the obligation, to rescind a sale without notice to the buyer if there is a reasonable indication of a material breach of the seller's representations and warranties. At such time, a refund will be issued, and the buyer will be required to return the item.

XIV. These Conditions of Sale shall be governed by and construed, interpreted, applied, and enforced in accordance with the domestic laws of the State of New York. No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable, or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of Auctions by Wendy in exercising any right under this Agreement shall be considered a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of Auctions by Wendy on any future occasion.
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Autopay
If you have not contacted Auctions by Wendy to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Sales Tax
Online purchases from Auctions by Wendy may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.