August Antiques, Fashion & Jewelry

The following ?Condition Statement? applies to all of our items offered and as such accompanies all lots as part of the item?s description in the online and printed catalogs,

Additional photos, description, condition report etc are available by contacting Gemini Auction Company. Any condition statement given is the opinion of Gemini Auction Company only. Display items such as boxes / buffs / stands / mannequins etc used in our catalog images are not included in the sale unless clearly state in the description. All auction sales are final. All items are strictly sold as-is, where-is and without recourse. In registering and bidding in our auctions you acknowledge you have read in full and agree to our terms and conditions, which are available on our website GeminiAuctionCompany.com.

Any bidders utilizing the Live Payments system are responsible for the processing fee associated with that payment option. Live Shipping is an option available to bidders but Gemini Auction Company also allows for in person pick-ups by appointment only or for bidders to hire a shipper / mover of their own choosing.

CONDITIONS OF SALE aka Terms & Conditions

These ?Conditions of Sale? set out below are the terms under which Gemini Auction Company (hereinafter to be known as GAC) sells property. In registering with and / or bidding with GAC you agree to be bound by these terms.

GAC operates entirely online. No salesroom bidding is presently available. Telephone and absentee bidding is available by contacting us. Online bidding is available via LiveAuctioneers, Invaluable and AuctionZip.

These terms and conditions are valid regardless of bidding method; telephone, absentee or internet bidding platform etc. At times, additional Terms and Conditions specific to the online bidding platforms may also be applicable, please see LiveAuctioneers, Invaluable or AuctionZip for more information specific to their platforms. GAC is not liable for errors made via online bidding platforms or errors made by bidders utilizing the online bidding platforms listed above.

Additional photos, description, condition report etc are available by contacting GAC. Any condition statement given is the opinion of GAC only. As with most auctions all merchandise sold by GAC is antique / vintage or otherwise used and secondhand, therefore most items are not in pristine nor like new condition. All auction sales are final. No returns will be granted, no exception. All items are strictly sold as-is, where-is and without recourse. Both the auctioneer and the consignor do not make any guarantees nor any representations regarding the condition of an item(s). In registering or bidding in an auction conducted by GAC, the buyer agrees to assume all liability in ascertaining the condition of an item and factuality of a stated description, whether in the online catalog or obtained in alternate communications such as emails / phone calls / text messages etc, prior to placing their bid.

Any description written in the catalog or given as a condition statement by GAC is our sole opinion only and not a guarantee. GAC makes no guarantee express nor implied to aspects such as quality, condition, maker, artist, material, age, provenance, materials, gold / metal content, stone type, size, dimensions, weight, karat, cut / color / clarity, restorations, repairs, tones / colors, etc. Our descriptions are our own opinion only and are not to be relied on by buyers as an absolute statement of fact. We are not responsible for typographical errors nor descriptive omissions. All antique and vintage watches and clocks are sold as non working due to their age and the fragility of the movements being affected during shipping.

At times an auction item may be subject to a reserve, placed by GAC or the consignor, that serves as a minimum selling price for the item. In the event of a reserve, GAC may place bids on behalf of the reserve price. GAC employees are not exempt from bidding on items.

Auction estimates are the opinion of GAC only and should not be relied on a statement of fact pertaining to the value of an item, your bid amount nor the item?s final selling price.

GAC reserves the right to reproduce any image of any lot(s) sold.

In the case of a disputed bid, GAC will have the sole authority to determine who the winning bidder is or may possibly retain the right to in very limited cases withdraw the lot/item from the auction entirely.

GAC reserves the right to reject any bid that is placed or reject any individual / business / entity from participating in our auctions. GAC reserves the right to remove any lot from our catalog should the need arise for an item / lot to be withdrawn. GAC reserves the right to reopen an auction lot and resume or restart bidding should an error occur while bidding was taking place.

By participating in an auction operated by GAC you represent and warrant the following,

(a) As a bidder / purchaser you are not subject to any trade sanctions, any embargoes, nor any restrictions on trade per the laws of the United States. Buyer must be familiar with the laws of their state or country in terms of what items cannot be shipped / received by them as they may differ from those of New York State and the United States.

(b) As a bidder / purchaser you are not acting on behalf of the consignor nor have any conflicting financial interest(s) with GAC and our consignors

(c) As a bidder / purchaser you have registered with GAC providing your full legal name, business name / tax ID (if applicable), address, email, phone and payment information

(d) Tax exempt bidders must provide their resale ID paperwork, articles of incorporation paperwork or have filled out a tax-exempt form agreeing that any representations / statements made are truthful and accurate

Buyer?s Premium; Telephone and absentee bidders must pay a buyer?s premium of 25% if paying with credit card, discounted to 20% for payments made via cash, check or wire transfer. Online bidders must pay a buyer?s premium of 28% if paying by credit card, discounted to 25% for payments made via cash, check or wire transfer. All buyers making a wire transfer for payment must add $30 wire transfer fee. All invoices are subject to an additional 8.375% Westchester County / New York State sales tax, buyers are only except from sales tax when a valid resale certificate has been provided to GAC and sales-tax exempt form has been completed.

Pickup / Shipping; GAC is not responsible for the packing nor shipping of your purchases. Buyers may pickup their won lots once their invoice has been paid by appointment in person in Katonah NY. All shipping is to be arranged and paid for by the successful bidders via a third party if not being picked up in person. GAC can recommend the below local shipping companies but buyers can arrange their own shipping if a release is sent to GAC prior to pickup. Items paid for by check will not be released until the check has cleared GAC?s financial institution.

SUGGESTED SHIPPERS,

ASAP Etc Inc. ? (914) 381-6421 - 180 E Prospect Ave, Mamaroneck, NY 10543 asapshipping.org

Katonah Shipping ? 914.232.1500 - 282 Katonah Ave, Katonah, NY 10536 KatonahShipping.com

FOR FURNITURE PIECES / LARGER ITEMS BEING DELIVERED IN NY / NJ / PA OR ANYWHERE IN NEW ENGLAND PLEASE CONTACT US FOR SUGGESTED MOVERS OR SEE DETAILS ON YOUR INVOICE

Payments; Payments must be made within five business days of your auction invoice being received. All items must be picked up within 30 calendar days, see shipping and storage fees / abandoned property sections for more info. GAC does not accept electronic payment types such as Paypal, Zelle, Wise, Venmo. Credit card payments are accepted for all major US card types. GAC does not accept international credit cards. Credit card transactions are limited to invoices $5,000 and under. Any invoice exceeding $5,000 must be made by cash, check, money order / bank check, wire transfer. Items paid for by check will not be released until the check has cleared. Invoices with gold and silver items must be made by cash, check, money order / bank check, wire transfer. Any bidder who disputes a charge for an item purchased from GAC will be blocked from all future auctions.

Storage Fees / Abandoned Property; All items must be picked up from GAC within 30 days. Items remaining after 30 days will incur storage fees. GAC charges $10 per day per auction lot for the following 30 days. After 60 days GAC will claim any lot(s) remaining in their storage as abandoned property and it will no longer be available to the winning bidder.

Legal; All invoices, documents, contracts, conditions and communications are governed by the laws and judicial system of the State of New York.

Indemnification: The buyer hereby agrees to indemnify and hold harmless GAC., its employees and agents from all damages, theft, suits and litigation, awards and costs including but not limited to attorney?s fees that may arise out of the display or sale of the items for any reason whatsoever including but not limited to civil or criminal suits over authenticity, legality, ownership or any other claim or active litigation. In placing a winning bid the buyer agrees to pay all possible future legal fees incurred by GAC in the event a suit / litigation should occur.

Final; In registering / bidding in any auction or sale held by GAC you as a bidder / buyer acknowledge you have read these aforementioned terms and conditions in full and do not dispute any of the aforementioned terms and conditions.