Vintage and Modern Toys

ACCEPTANCE OF TERMS

Bidding in this or any of our sales constitutes acceptance by the bidder of all Terms and Conditions. Please read all terms and conditions prior to bidding.

BIDDING PLATFORMS AND BID EXECUTION

Bids placed on any live auction websites including weissauctions.com (NextLot), Proxibid, LiveAuctioneers, Invaluable, AuctionZip, etc., are not the same as absentee and/or phone bids left with the Auctioneer directly. Such bids are executed from a proxy computer terminal against other internet bidders. In addition to such bids, the Auctioneer accepts other competitive bids including from bidders on the telephone and absentee bids previously left directly with the Auctioneer.

The Auctioneer reserves the right and has full discretion to accept or reject any bids as well as to determine the winning bid in the event of any tie bids entered by different means.

In the event identical bids are received from multiple sources, preference may be given to absentee bids left directly with the Auctioneer, in the Auctioneer's sole discretion.
The Auctioneer shall not be liable for any interruption, delay, malfunction, error, omission, connectivity issue, platform outage, software failure, data transmission failure, or other technical problem affecting bidding through any third-party or proprietary bidding platform. The Auctioneer is not responsible for any inadvertent or mistaken bids placed by bidders. Bidders are solely responsible for any inadvertent or mistaken bids placed.

REGISTRATION AND BIDDING PRIVILEGES

The Auctioneer reserves the right to refuse registration, suspend or terminate bidding privileges, reject bids, or cancel sales in the Auctioneer's sole discretion.

BIDDER ACCOUNT RESPONSIBILITY

Bidder is responsible for maintaining the confidentiality of their registered accounts and any associated password(s) on any live auction websites including weissauctions.com (NextLot), Proxibid, LiveAuctioneers, Invaluable, AuctionZip, etc.

Bidder is responsible for all uses of their account(s), and for all bids placed through their accounts, whether or not actually or expressly authorized by the bidder.

PAYMENT OBLIGATIONS

By submitting a bid in an Auction, a Bidder is entering into a binding contractual obligation to make payment for any and all amounts due (including but not limited to applicable Buyer's Premium and shipping) if the bid submitted is selected as the high bid at auction.

If a winning bidder fails to make payment of all amounts due, the Auctioneer reserves all rights and remedies available in law or equity and is under no obligation to mitigate damages.

DEFAULT AND COLLECTION COSTS

Any and all reasonable and actual costs and fees, including but not limited to attorney's fees, collection costs, court fees and costs, and related expenses, incurred by Auctioneer in enforcing its rights and/or collecting such amounts due hereunder shall be recoverable by Auctioneer.

CONDITION OF PROPERTY

All property is sold "AS IS, WHERE IS," with all faults and without warranties or guarantees of any kind except as expressly stated elsewhere in these Terms and Conditions.

Each bidder is responsible for making an independent assessment of the items they are bidding on.

Catalog descriptions, photographs, condition reports, oral statements, and written communications are opinions only and are provided for identification purposes. Prospective bidders are encouraged to inspect property personally and to satisfy themselves as to condition, authenticity, completeness, provenance, and suitability prior to bidding.

Bidders should expect that group lots will be in mixed condition.

In addition to the descriptions and photographs included in the catalog, bidders are encouraged to arrange with the Auctioneer to view the items, in person, prior to the Auction and/or contact us with any questions prior to bidding.

REOPENED LOTS AND MISSED INTERNET BIDS

On occasion, when receiving bids on more than one live auction website, a bid may be received on one website after the lot has been closed on another.

The Auctioneer reserves the right to reopen any lot if an incoming bid is missed, so long as the Auctioneer has not opened the next lot and accepted any live bids.

All internet bidders are advised to wait until the Auctioneer accepts bids on the next lot to confirm their winning bid.

FRAMED ITEMS

For all framed items offered for sale, bidders are bidding on the item itself, and not the frame.

The Auctioneer is not responsible for any damage to any frame and no refunds will be given on account of damage to frames.

Please contact the Auctioneer prior to shipment if you wish to have the frame removed prior to shipping, which may reduce shipping costs.

AUTHENTICITY CLAIMS

Any claims as to authenticity must be brought to the Auctioneer's attention within two weeks of the Auction closing and must be supported by documentation from a recognized expert or authentication service acceptable to the Auctioneer.

The Auctioneer may, in its sole discretion, withdraw any items from the auction at any time prior to the sale, without any notice.

ESTIMATES AND VALUATION

All price estimates reflect the Auctioneer's assessment of the fair market value of such items.

Bidders are responsible for making their own assessment of each item's value.

TITLE AND POSSESSION

All items are to remain in the custody of the Auctioneer until payment is made, accepted, and received in full as cleared funds to the Auctioneer, including any and all shipping charges, if applicable.

SALES TAX

Sales Tax is collected by LiveAuctioneers. Any sales tax exemptions must be submitted to, and approved by LiveAuctioneers. Weiss Auctions has no control over sales tax on purchases through LiveAuctioneers.

BUYER'S PREMIUM

All lots are subject to a Buyer's Premium of 23% in addition to the hammer price of such lot.

All

SHIPPING AND HANDLING

All domestic and international buyers who are not picking up their purchases in person are required to pay all shipping and handling costs, including insurance.

The Auctioneer reserves the right, in its sole discretion, to determine which shipping carrier and service to use in order to ensure sufficient tracking and reliability, which may impact cost.

All purchasers are encouraged to request a shipping quote prior to bidding.
All items shipped outside of the United States will be declared at full value for customs, with no exceptions.

The Auctioneer is not responsible for any customs duties or taxes that may be incurred; such costs are the sole responsibility of the buyer.

Buyers of larger items should contact us prior to bidding to discuss whether shipping can be arranged for such items and/or to arrange for pick up of such items by a carrier service.

PAYMENT TERMS

Payment must be received by the Auctioneer within 10 days of the date of the Auction.

All payments must be in U.S. Dollars only.

All invoices must be paid through Live Auctioneers payment processing system and are subject to Live Auctioneers payment processing fees. Any invoices $5,000 or greater can be paid by ACH through Live Auctioneers.

CREDIT CARD RESTRICTIONS

Credit card payments will not be accepted for invoices of $5,000 or more. All such invoices must be paid through Live Auctioneers by ACH, subject to Live Auctioneers payment processing fee.

CONTACT INFORMATION

Both domestic and international buyers may call us at (516) 594-0731, Monday through Friday, 9:00 a.m. to 4:00 p.m. Eastern Time, to arrange payment.

LIMITATION OF LIABILITY

In no event shall the Auctioneer be liable for any indirect, incidental, consequential, special, or punitive damages arising from participation in the auction or purchase of any lot.

In no event shall the Auctioneer's total liability exceed the amount actually paid by the purchaser to the Auctioneer for the lot giving rise to the claim.

SEVERABILITY

If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

GOVERNING LAW AND VENUE

These Terms and Conditions, all transactions with Auctioneer, and all disputes, claims, or causes of action that may be based upon, arise out of, or relate to these Terms and Conditions and/or all transactions with Auctioneer, shall be governed by, and enforced in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

Bidders agree and consent to the exclusive jurisdiction of courts located within and/or with jurisdiction over Nassau County, New York (including federal courts) and waive any objections based on improper venue or inconvenient forum for any and all disputes, claims, or causes of action that may be based upon, arise out of, or relate to these Terms and Conditions and/or all transactions with Auctioneer.