Bidding Terms and Conditions
modified 11/2016
Please note that no-matter the amount: bidders may be automatically charged 4 days after an invoice has been sent with any credit card on file.
Please Note: All invoices under $ 500.00 US Dollars can be paid via credit card "We Pay-Invaluable Payment Processor". Any invoice over $500.00 including shipping cost in U.S Dollars must be paid by Personal Check or Bank Wire Deposit unless other arrangements have been decided by Auction House prior to bidding. Paypal is accepted for amounts less than $999.00 including shipping cost. Bidder's who comply with the payment policy and provide proof that payment has been initiated by the 3rd business day will qualify for Free Shipping if the item weighs less than 2-lbs and fits into a Fedx Box. (See Conditions of Sale for Details). We offer In-House shipping options only unless auction house approves other arrangements in-advance of sale. Rush shipping is available on most lots: Notification at the time of payment.
These Terms and Conditions of Sale are made by and between LOVETT LUXURY LIQUIDATIONS, Inc ("LOVETT LUXURY LIQUIDATIONS, Inc," "Auction House," "We," "Our" or "Us") and Bidder ("Purchaser," "Buyer or "Agent"). The Terms and Conditions of Sale and all contents of catalogue are subject to amendment by LOVETT LUXURY LIQUIDATIONS, Inc either by the posting of notices or announcements made by auctioneer. By participating in any sale, Bidder hereby acknowledges to be bound by these terms and conditions. 1. On the fall of the Auctioneer's hammer, or upon the statement of "sold," the highest bidder or authorized agent shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and will pay the purchase price in full plus Buyers Premium and any applicable taxes. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitation to the right to hold the Purchaser liable for the purchase price, we, at our option, may either: (i) cancel the sale, retaining as liquidated damages all payments made by the Purchaser, or (ii) re-sell the property on three (3) Days Notice to the Purchaser and for the account and risk of the Purchaser, either publicly or privately, and in such event the Purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due and incidental damages. 2. We Reserve the Right to withdraw any property at any time before the actual sale. Unless otherwise announced by Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue & not divisible for sale. 3. We Reserve the Right to Reject a Bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the Purchaser. In the event of any dispute between bidders, or in the event the Auctioneer doubts the validity of any bid, the Auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and re-sell the article in dispute. In the event that a dispute or claim arises the auctioneers sales records shall be considered supreme. 4. If the auction house is prevented due to fire, theft, damage or any other legitimate reason from delivery of any property won by the buyer, liability shall be limited to the sum actually paid. 5. Where the consignor is indebted to us or has a monetary guarantee from us, and in certain other circumstances, we may have interest in the offered lots and the proceeds there from other than our commissions, and may bid to protect such interest. In-order to protect auction house business interest, we are entitled to a commission rate 6. If a lot is offered subject to a reserve. (Reserve = the confidential minimum price below which a lot will not be sold). Auction house reserves the right to implement such a reserve by bidding on behalf of the consignor. 7. All statements contained in the catalogue or in any bill of sale, invoice or elsewhere as to authorship, period, source, origin, measurement or condition are qualified statements and shall not be deemed to be guarantee's, representations or warranties. Please note: (i) These Terms and Conditions of Sale take precedence over any statements made to the contrary by the Auctioneer, staff or affiliates. If the Auctioneer warrants the quality or condition of a lot during or before the auction, that statement is not binding on the Auction House or the Buyer and the "as is" provisions of these Terms and Conditions take precedence. (ii) Notwithstanding the statement in paragraph 7, buyers have the right to a refund under certain circumstances. Within 48 hours of their receipt of the property buyers must inform us that the physical condition materially differs from the catalogue description, from a provided condition report or the catalogue description is inaccurate. Buyers must formally request a return with a satisfactory reason. When granted the auction house will accept the return of the property which must clearly show differences or inaccuracies with the catalogue description and the property must be received in the same condition as when it was sent. If there is a disagreement we may require an expert opinion in writing. (iii) As conditions are not always included in the lot description, prospective bidders should inspect all property before bidding to determine condition, size, and whether or not it has been repaired or restored. Absence of condition statements are not indications that lots are free of flaws/damage or without signs of wear consistent with age. As a courtesy to Registered & Approved Bidders, a Condition Report may be available on most items upon request. Please contact
[email protected] to request a condition report. Per these Terms & Conditions; Condition Reports are an Educated Opinion but should not be held as absolute guarantees. If there are any known repairs or modifications this will be noted. 8. Payment Methods Accepted (May be adjusted without prior notice or may be restrictive depending on the item or amount of invoice): Paypal, Cashier's Check, Personal Check, Bank Wire Transfer, Authorized Amex, Visa, MasterCard, or Discover Card. 9. Auction items are sold "AS IS" (i) Please note that all items are sold AS IS, with no guarantee as to authorship nor as to authenticity unless stated as so. It is the responsibility of the bidder to make determinations or consult with an expert in the field. Condition reports may be available when requested, but in most cases customer service representatives will only be referring to the physical condition as we do not employ experts in the customer service department. Expert opinion service may be available for verbal consultation or written appraisal services by request. The bidder, buyer or inquirer will be billed in-advance for the service. 10. Estimated Prices - Estimates are approximate valuations and are based upon comparable auction values. These estimates are NOT prices nor re-sell prices. Auction House suggests initial bidding to be at least 50% of the low estimate. 11. All property being sold especially liquidation Events will incur a Buyer's Premium (BP) at a standard 25%. The invoice will contain the BP and is payable by the bidder as part of the total purchase price. Please note that online bidders may be charged an additional online service fee as determined by online provider. 12. INTERNATIONAL BIDDERS MUST CHECK WITH CUSTOMS/IMPORT-EXPORT REGULATIONS PRIOR TO BIDDING. BIDDERS WILL BE RESPONSIBLE FOR MEETING ALL CUSTOMS/IMPORT-EXPORT REGULATIONS. BIDDERS ARE LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF ITEMS. 13. CONDITION OF PROPERTY - Prospective bidders are advised to inspect all lots prior to bidding to determine age, condition, size, medium, repairs and any restoration or lack thereof. As a service to prospective bidders, condition reports are available on ALL lots upon request. Please contact
[email protected] for any condition report requests. Please note per our terms, these reports are simply our professional opinions and should not be considered absolute. 14. With respect to sold property; all lots must be removed from our premises at the Purchaser's expense, no later than ten (10) days following the date of the sale. Purchaser will incur a $10.00 per day fee per lot until the sold property is removed. In addition, applicable interest on each lot not so removed will accrue. Auction House Reserve the Right to transfer non-removed property to a storage facility at the Purchaser's risk and expense. After, 30 Days of the sale, auction house will be released of all liabilities. 15. No property will be released until payment in full is made on the items. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the Purchaser. LOVETT LUXURY LIQUIDATIONS, LLC can provide in-house packing and shipping services at the Buyer's expense. Items will be shipped via FEDX/UPS OR DHL/USPS for International shipments. Please note: items that are valuable, delicate, vulnerable, risky, large and/or heavy and/or need special packaging or shipping requirements, may have additional shipping costs and delays especially if a 3rd party freight shipper is contracted. We are not responsible for any delays on the part of this third party, should there be any. Shipping/Transport insurance is required. Claim Reimbursement will only cover the actual cost of the item(s) or cost to repair and will not cover any loss of value. Within 10 days after payment, LOVETT LUXURY LIQUIDATIONS, LLC will advise Purchasers of recommended shipping methods or possible third party carriers. (Note: on occasion, quotes from some of the third party carriers may take additional time. 16. A Buyer's Premium is added to the winning bid price of each individual lot purchased. The winning bid price plus the BP, Live Fee and/or Merchant Fee constitute the total purchase price for the lot. Applicable sales taxes are computed based on this figure. This total becomes the final purchase price. 17. Bid placement in any format and/or third party bidding platforms and websites constitutes an agreement that Buyer will be bound by these Terms and Conditions. LOVETT LUXURY LIQUIDATIONS, LLC is not liable for any viruses that may affect a computer while accessing these sites, missed bids or outages. Auction House makes no warranties, express or implied, that sites will be error free or that use will be uninterrupted. LOVETT LUXURY LIQUIDATIONS, LLC is not liable for damages relating to or arising from use or misuse of online platforms.
