American & European Art, Antiques & Dec. Arts

Culper's Terms and Conditions of Sale

PAYMENT:

International clients must wire funds. ALL JEWELRY, PRECIOUS METALS, AND VEHICLE PURCHASES SHALL BE PAID BY WIRE TRANSFER ONLY. THERE ARE NO EXCEPTIONS. Wire instructions will be on invoice. All credit cards accepted for all other purchases.

Email info@culpers.com if you would like to pay with wire, cash or check.

RECOMMENDED SHIPPERS:
1) ASAP Shipping Phone: (914) 381-6421 or Email: info@ASAPETC.com
2) UPS Phone: 516-741-6245 or theupsstoresauctions@gmail.com

PICKUP:
24 HOURS advanced notice required, by Appointment, M-F: 10am-5pm

Pickup Address:
100 South Bayles Ave
Port Washington, NY. 11050

Lisa C. Grygiel, Arts Antiques and Interiors, Inc. d/b/a Culper's (hereinafter "Culper's", ("we"), or ("our") is pleased to offer various lotted items for sale in our online auctions. These Terms and Conditions (the "Terms") are a legal contract between you and Culper's with respect to any auction you register for and/or place a bid during any online auction. By registering to participate in any of our online auctions, or by bidding on any item or items at our auction, you agree that you have read and understand, and further agree to accept our Terms set forth in this agreement. Our terms include a notice that all purchases are "As Is", and final. Except for items found to be counterfeit, no returns are permitted. Further details are set forth below in the following Culper's conditions:

Buyer's Responsibilities, Payment, and Item Pick-up or Shipping:
If your bid for a specific lot in our auction is the highest bid at the hammer strike (final and closing of bids on that particular lot), you have won the auction for that lot and you have purchased all items in that specific lot according to these Terms as such you are responsible for payment of all fees. These fees include the hammer price (your winning bid), a Buyer's Premium, and certain administration and processing fees as set forth further below.

Payment: Payment is due at the end of each sale. All payments must be made within 72 hours (3 days) of the date of sale. We accept cash, wire transfers and major credit cards. Credit cards will be charged an additional 3% fee. We reserve the right to hold items that you have purchased until your payment clears. We will charge your credit card on file for the full balance due if payment is not received 72 hours (3 days) after the sale. We reserve the right to charge you a late fee of 10% for any unpaid balances over 30 days. If after 30 days we cannot procure payment your sale will be cancelled without notice.

Item Shipping: Unless otherwise agreed by Culper's, within 1 week from the date of sale, all lots which you have won must be either (i) picked up from the location designated for the lot on the online auction, or (ii) shipping arrangements made with a third party shipper. Items being shipped must be collected by the shipper 1 week from the date of sale. If you fail to pick-up or arrange shipping within the above time frames you will accrue a daily storage fee of $25 per day the piece is not collected. You agree that Culper's may charge your credit card for such fees and you agree to pay such fees if applied. Any purchased item of yours that remains in our possession after 120 days from the date of sale will be forfeited to Culper's, with no refund of the purchase price or any fees assessed. Ownership will revert back to Culper's without notice or refund. We assume no risk or responsibility for items that are left on our premises or in our possession after the initial time for pick-up or arranging shipping. Please note when jewelry lots are paid via credit card they can only be shipped to the billing address on the card.

Regarding shipping, please note that Culper's does not directly ship any item but will work with your chosen shipping service. Shipping may be arranged through:

1)United Parcel Service (UPS), who may be contacted at (516) 741-6245 or theupsstoresauctions@gmail.com or

2)ASAP Shipping, who may be contacted at (914) 381-6421 or info@ASAPETC.com.
Please note when jewelry lots are paid via credit card they can only be shipped to the billing address on the card.

Use of Auction Vendor and Services Provider
Culper's uses the services of an online auction vendor and service provider, LiveAuctioneers, LLC ("LiveAuctioneers"). In order to register, bid, or participate in any of our online auctions, you must access the auction by creating an account with LiveAuctioneers at https://www.liveauctioneers.com/. You agree to and abide by LiveAuctioneers' own terms and conditions of use, available at https://www.liveauctioneers.com/termsandconditions. You must further register for the specific auction presented by Culper's on the LiveAuctioneers platform. Culper's assumes no liability for any technical issues or other actions taken by LiveAuctioneers. LiveAuctioneers may apply administration and service fees to your purchase, for which you are responsible.

Privacy
We respect your privacy and the information that you provide to us and LiveAuctioneers. In the course of conducting our online auction, Culper's may receive either directly from you or from LiveAuctioneers certain personal information of yours necessary to allow you to bid on our auction, process payment, and arrange shipping. This information may include your name, address, telephone number, email address, physical address, and certain financial information including credit card and/or bank account information. You authorize us to use this information solely for the purpose of conducting our auction, facilitating your participation in such auction, as well as processing payment and shipping for any items you win. You further authorize Culper's to share such information with LiveAuctioneers and any shipping service you choose to use. To the extent necessary, you authorize Culper's to share your personal information with additional third-party service providers solely to facilitate payment or delivery of your items. Culper's does not share or sell your personal information to any third-party not needed in order to provide our auction services to you. Culper's will abide by the auctioneer's privacy obligations required by LiveAuctioneers as part of LiveAuctioneers' standard terms and conditions.

Registration & Buyer's Premium
As a Culper's bidder, and having registered to participate in our auction and/or having bid on one or more items in our auction through LiveAuctioneers, your agree that you will pay Culper's a 25% buyer's premium, plus a 3% transaction premium that will be added to the final purchase price (the hammer price) at settlement (28% total) of the item(s) you win.

All Goods Sold "As Is" and All Sales are Final

All items and lots sold at our auctions are sold "As Is". Neither Culper's nor the consignor makes any representations or warranties of any kind concerning any items offered for sale. Neither LiveAuctioneers nor Culper's nor its representatives are responsible for the accuracy of any printed or verbal communications and descriptions. No image, photograph, or depiction of any item(s) in a lot is guaranteed to be an exact representation. All measurements are approximate. No statement in the online catalogue, made at the sale, or otherwise, shall be construed to be a representation, warranty or admission of liability.

All sales of any item(s) or lots at our auction are final. Culper's does not accept returns or offer refunds (in whole or in part) for any item sold in our online auction. Where multiple items are included in a lot, Culper's does not accept return of an incomplete lot.

By registering to participate in our auction or by bidding for any lot in our auction, you acknowledge and agree that such sales are As Is", Final, and no refunds are possible.

Limited Guarantee
Notwithstanding the preceding paragraph, Culper's does offer a limited guarantee that items that are offered for sale are not known to be counterfeit, unless otherwise noted in the catalogue or at the time of the sale. A counterfeit for this purpose is defined as a modern fake or forgery that was made with the intent to deceive. If a buyer gives us notice within 14 days of the sale that an item that was purchased was a counterfeit and, within 7 days of such notice, provides a written report from an authority that demonstrates that the item was indeed counterfeit and that a fair reading of the catalogue description at the time of the sale did not indicate this, then Culper's will rescind the sale and refund the purchase price to the buyer. This guarantee is made only to the original buyer (i.e. a registered bidder) and does not extend to any subsequent purchasers. In any event, any liability that Culper's has for such a sale is limited to the purchase price of the item sold.

Inspection and Condition Reports
You are encouraged to request a condition report or request additional information on any item you are interested in purchasing. Although we do not include condition reports in the online catalogue, we are happy to assist you in determining the condition of items that you are interested in, to the extent addressing your concerns is practical and commercially reasonable. We do not guarantee that a condition report is always available. Please note, any request for additional information within 24 hours of the opening of our auction in which the piece is presented may not be answered. And we reserve the right to provide no condition report for any item or lot having an initial estimate of $50 or less.

Bidding
Timed auctions are internet-only auctions that run for a set duration of time and are available for absentee bidding only. These auctions allow you to place bids until the scheduled end time for a particular item. Whoever has the highest bid when the time runs out wins the item.

LiveAuctioneers' timed auctions allow Culper's to set reserves for items. A reserve is the minimum price that Culper's will sell the designated item for. If the reserve price has not been met by the time the auction ends, the item will not be sold.

LiveAuctioneers' allows for extended bidding on any specific lot of items. If a bid is placed within the last 5 minutes of a lot's scheduled end time, LiveAuctioneers will extend the sale by 5 minutes from the last bid. This gives other bidders a chance to place a bid. Please keep in mind that later lots will continue to close on time even when an earlier lot is extended.

We reserve the right to reject any bid for any reason. The highest bidder acknowledged by LiveAuctioneers at the time the bidding stops (i.e., the electronic hammer drops) will be the buyer of the lot. We have the sole right to re-offer any lot and/or settle disputed bids, in accordance with the LiveAuctioneers terms and conditions. In the event that a dispute arises after the end of the sale, our sale record shall be conclusive.

Although we are happy to accept your internet bids, we will not be held responsible for any errors or failure to properly execute such bids.

All bids placed at auction are per lot.

Reserves
Some lots may carry reserves or minimum selling prices. This is a confidential figure set by the consignor and Culper's below which the item will not be sold.


Estimates
All pre-sale estimates of the value of the lots are intended only as guides for potential bidders. Our pre-sale estimates may not be relied upon by anyone as a prediction of the selling price or the fair market value of any lot. The actual selling price may differ greatly from our estimates. All estimates that are provided by us are subject to revision at any time. Culper's makes no representation as to the accuracy of any pre-sale estimate for any lot.

Withdrawal
Items may be withdrawn by Culper's from sale at anytime prior to the offering of each lot.

Payment
Payments may be made using Visa & MasterCard credit cards (with a 3% processing fee). We reserve the right to hold items that you have purchased until your payment clears. A $50 fee will be charged to your card should you cancel or chargeback payment for an item you won at action. All purchases must be paid in full within three business days from the date of sale. We reserve the right to charge you a late fee of 10% for any unpaid balances.
Lots that remain unpaid after 30 days will be considered forfeit and the sale will be canceled.

As previously noted, payment is due at the end of each sale unless we have authorized other arrangements. We reserve the right to charge your Visa or MasterCard on file for all lots won at sale.

Buyer's Default
If you fail to comply with any of these Terms and Conditions, we reserve the right to hold you liable for the purchase price plus any expenses we have incurred. In addition, we may, at our option, cancel the sale of the lot that you purchased while holding any payments you have made as liquidated damages. We may re-sell the items at public auction or through private sale and retain the proceeds for our account.

Announcements
Any announcements made at the time of the auction take precedence over any other communications, written or verbal.

Additional Terms and Conditions for Jewelry Sales
Metals not tested. When items are stamped, fineness will be stated, as a courtesy to our clients. All Jewelry items are sold 'as - is'.

Diamond and colored stones weights are approximations ascertained by volumetric proportions.

Please note when jewelry lots are paid via credit card they can only be shipped to the billing address on the card.

Sales Taxes
The New York sales tax is calculated as 8.63% of the purchase price.

Applicable Law
These Terms are governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to its law governing conflict of laws.