Auction Terms & Conditions
TERMS & CONDITIONS
Updated August 2018
Gateway Gallery Auction Inc. will offer the property described in catalog, salesroom notice or by announcement, for sale on behalf of various consignors. Unless otherwise indicated, Gateway Gallery Auction Inc. will offer all property as agent for the seller. These TERMS AND CONDITIONS OF SALE set forth below constitute the complete and exclusive statement of the terms and conditions on which all property is offered for sale. Gateway Gallery Auction Inc. reserves the right to vary terms of sale and any such variance shall become a part of these conditions of sale. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer agrees to be bound by these conditions of sale.
1. Valid Photo ID and telephone number are required for customer to secure bid number.
2. The auctioneer will be the sole determinant as to who is the successful bidder. The auctioneer has the right to reject any bid. In the event of any dispute, under extreme circumstances, the auctioneer has the right to reopen bidding on a sold lot.
3. Once an item is sold by the Auctioneer, the buyer assumes full risk and responsibility for said items. Gateway Gallery Auction is not responsible for lost or stolen merchandise.
4. Everything is sold "as is" unless announced otherwise.
5. A buyer's premium will be charged.
6. All items purchased today must be paid for today, unless other arrangements are made at the front office.
7. Audio recordings are made of the auctioneer at each auction. Any dispute over bid price, condition or terms given by auctioneer will be settled by reviewing the audio. The auctioneer's word is final.
8. Surveillance cameras are positioned in the lobby and all galleries. Shoplifters will be prosecuted.
9. Unless exempted by law, all purchases are subject to a 6% Pennsylvania state tax (this is also applicable to out-of-state buyers who pick up their purchases in Pennsylvania). PA law requires that ALL DEALERS must have a current signed PA Department of Revenue Sales and Use Tax Certificate of Exemption on file with us (required annually for in-state; per auction for out-of-state)
10. 13% Buyer's Premium will be charged for in house bidders and online bidders using our website. 18% Buyer's Premium for bidders utilizing Invaluable or AuctionZip. Buyer's Premium discounted to 10% for cash or approved check for in-house bidders.
11. Acceptable forms of payment are cash (in house only), approved check, bank wire transfer, MasterCard/Visa/Discover, or personal check if customer is known to Gateway Gallery Auction Inc. We reserve the right to require bank checks for purchases over $5000.00. Online bidders may pay through PayPal or the online invoicing system WePay provided by Invaluable/AuctionZip.
12. Buyers not known to us who wish to write a check must provide a "letter of guarantee" from an officer of your bank on original stationary to Gateway Gallery Auction. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at the time of registration. Credit arrangements must be made prior to the day of auction so bank statements can be verified. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been verified.
13. All deliveries are subject to "good funds"; funds being received in Auctioneer's account before delivery of the Purchases; and all payments are subject to a clearing period. Auctioneer reserves the right to determine if a check constitutes "good funds". Checks drawn on a US bank are subject to a ten business day hold, and thirty days when drawn on an international bank.
14. All returned checks are subject to a $50.00 service charge.
15. Any accounted not paid in full within 30 days of the sale date will be subject to a 2% monthly finance charge. The purchaser shall be liable for all fees and costs associated with the collection of balance due, including attorney fees.
Absentee Bid Policy
16. As a convenience to clients, if you cannot attend an auction, you may leave an Absentee Bid. All Absentee Bids are bid competitively.
17. Buyer's that leave absentee bids with Gateway Gallery Auction staff in person, online or by phone, a buyer's premium of 13% will be added to successful bid price and is due as a part of the total purchase price. If paying buy cash or approved check, applied buyer's premium is 10%.
18. Valid credit card information (Visa, MasterCard, and Discover) is required to secure your absentee bid.
19. Absentee bids not uniform to the auctioneer raises will be rounded up to the next bid increment.
20. Bids submitted by telephone or email must be received by Noon of the day preceding the auction. We will accept absentee bids in person up to the time of the auction.
21. In the event of identical absentee bids, the earliest received will be recorded as the highest.
22. We are not responsible for lost or unexecuted Absentee Bids.
23. We will notify all successful bidders by phone or email within 2 to 3 business days of the auction.
24. Payment of successful Absentee Bids must be made within 2 business days of notification of winning bids.
25. Unless prior arrangements have been made with Gateway Gallery Auction, any merchandise not removed within two weeks of sale date will be subject to a monthly storage fee; any merchandise not removed within 60 days of the sale date will be considered abandoned and will be disposed of as seen fit by Gateway Gallery Auction.
Non-Paying Bidder Policy
26. A Non-paying bidder is a person who wins the auction through the bidding process but does not follow through with the transaction. By using our online bidding platform, bidders agree to all terms and conditions of auction.
27. As a bidder, if you have the highest bid and the auctioneer strikes the item down to you - you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as unannounced severe condition problems or clear typographical errors.
28. Bidders who fail to fulfill their obligation to purchase the item(s) they have won through the bidding process will be banned from participating in any future auction. In addition, non-paying bidders will be reported to the online bidding platform; as well as being reported to other auction companies through the National Auctioneer's Association, Pennsylvania Auctioneer's Association and any Auctioneer's association in the state which bidder resides.
29. Any bidder failing to pay for shipping costs due to third party shipper, within two weeks of sale date, surrenders items to Gateway Gallery Auction
30. Lots won will be shipped in a reasonable time after payment in good funds for the merchandise and shipping fees is received.
31. Purchases held until "good funds" are received will be shipped via USPS Priority Mail. Buyer is liable for shipping and handling fees.
32. We provide limited packing and shipping for small, easy to box items. Items packed by our staff will be shipped USPS Priority Mail, insured for bid price of item. Minimum shipping & handling fee is $20. Buyer is responsible for ALL packing and shipping costs.
33. Gateway Gallery Auction assumes no responsibility for acts or omissions in such packing or shipping by Gateway staff or other packers or carriers, whether or not recommended by Gateway Gallery Auction Inc.
34. Buyer's purchasing large lots, heavy or odd size items or items that we cannot readily pack in house, are responsible for arranging shipping of their items. Payment for shipping is made directly to the shipper. All packing/shipping costs are the sole responsibility of the buyer. Purchases will be released to the shipper when they are paid in full to Gateway Gallery Auction.
35. Please notify us within one business day if you wish to arrange pick-up of your items.
36. Refunds will be given at the discretion of the auctioneer. Request for refunds in regards to condition for items purchased in person at the gallery must be made as soon as possible and before those items leave the gallery.
37. Refund requests, on the grounds of authenticity, must be made within 15 days of the auction. Request must be accompanied by at least one supporting statement in writing from an authority recognized by the auctioneer.
38. Absolutely no refunds will be made after 15 days of the auction date.
39. Shipping and Handling costs will not be refunded.
40. Do not return any item until a refund authorization has been obtained from Gateway Gallery Auction.
These terms and conditions, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. The
purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in the commonwealth of Pennsylvania.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.