Terms and Conditions
PLEASE READ ALL TERMS & CONDITIONS CAREFULLY, ESPECIALLY SHIPPING!!!
All property offered and sold through Barry S. Slosberg, Inc., ("Auctioneer", or "Broker", or "BSS", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions.
1. Barry S. Slosberg DOES NOT ship. All purchases must be paid for and collected from our gallery at 3455 Edgemont St, Philadelphia, PA 19134 by 4:00PM Monday, May 20th 2019. (5/20/2019) All merchandise not removed from the auction gallery by that time (regardless of payment status) will be released to a third-party storage and shipping company, DAKS Global logistics at 122 Mill Rd Suite K1110, Phoenixville, PA 19460, and moved to their warehouse facility without further notice to the buyer. From that point forward, DAKS Global Logistics will coordinate all collection, delivery and shipping arrangements. A one-time handling fee of $25 will be assessed and a daily storage charge of $5 per invoice per day commencing on Tuesday, May 21st, 2019, regardless of lot size or value. DAKS provides small shipping, crating and freighting services, white glove deliveries as well as consolidation services. They can be reached at sales@daksglobal.com or 484-879-6678.
Any Purchaser wishing to have their items shipped nationally or internationally MUST contact a shipper of their choice, or the following local shipper: PHILADELPHIA MAILROOM 8001 Castor Ave. Philadelphia, PA 19152 215 745 1100 phillymailroom@gmail.com; Packaging Store 215-361-6940 hello@packandshipnow.com; UPS Store 6717 215-845-5978; or DAKS sales@daksglobal.com or 484-879-6678.
Winning bidders are responsible for all arrangements relating to the packing and shipping of their property. All shipping charges will be borne by the Buyer and paid directly to the shipper. Any risk of loss during shipment will be borne by the Buyer following delivery of the purchased item to the designated common carrier. We will gladly coordinate shipper pick-up of property at our gallery, during normal business hours only, after payment and upon receipt of an email confirming permission to release items to shipper.
PLEASE NOTE: Barry S. Slosberg, Inc. will place a seven (7) day hold on winning bids in compliance with our policy to verify credit card bank approvals, before any merchandise is shipped. ALL PROPERTY IS SOLD "AS IS" AND WITHOUT RECOURSE. NEITHER BARRY S. SLOSBERG, NOR ITS CONSIGNOR(S) MAKES ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE. Except as provided below, BSS shall not be responsible for the accuracy, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone, written or oral, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to accept all matters such inspection may have disclosed or indicated. If an item is materially different than was described by the Seller, Buyer shall have 48 hours from the date the property is received to notify the Seller, and return the property to BSS reasonably promptly in the same condition in which it was sold. After the 48 hour period all items are considered "as is", without recourse. Refunds in cash (in-house only) or credit shall be as outlined in the Seller's Refund Policies.
2. DIAMONDS; PLATINUM; GOLD; SILVER ONLY. (THE BROAD DISCLAIMER ABOVE APPLIES TO ALL OTHER JEWELRY) DIAMONDS: Carat weight as stated in the catalog entry is to be considered as an approximation. Color and clarity are not guaranteed. The only guarantee is with respect to the authenticity of the stone. GEMSTONES: We do not guarantee authenticity of colored gemstones. PLATINUM; GOLD; SILVER: Any weights as stated in the catalog entry are to be considered as an approximation. The only guarantee is with respect to the authenticity of the grade of the metal, as marked or tested.
3. Barry S. Slosberg, Inc. reserves the right to withdraw any property at any time before the fall of the auction hammer in its sole and exclusive discretion.
4. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the property in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects.
5. If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale.
6. BSS may, upon consignor request and at its sole discretion offer certain property subject to a reserve, which is the confidential minimum price below which such property will not be sold. The auctioneer may open bidding on any lot by placing a bid on behalf of the consignor. The auctioneer may further bid on behalf of the consignor, up to the amount of the reserve, by placing successive or consecutive bids for property or by placing bids in response to other bidders.
7. Upon the fall of the auction hammer, title to any offered property will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold and agrees to pay the full purchase price plus the buyer's premium and any other applicable taxes or fees.
BSS may also prohibit a purchaser who fails to remove property in compliance with these Terms and Conditions from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after seven (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s). In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees. Payment MUST be made within five (5) business days upon receipt of invoice and is a precondition to removal of property. Payment shall be by PayPal, WePay (for items purchased through Invaluable), credit card or cashier's check. NO MONEY ORDERS!
The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s). In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees.
8. BSS reserves the right, at its complete discretion, to refuse registration to any online bidder who is deemed by BSS to have the potential to be disruptive to the auction process.
9. No "buy" bids (without a specific bid price) shall be accepted at any time for any purpose.
10. Any absentee bids must be entered online prior to commencement of the sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any absentee bid.
11. For all online bidders, a buyer's premium of 20% will be added to the hammer price, and is payable by the purchaser as part of the total purchase price. For all in-gallery, telephone and gallery left bidders, the buyer's premium shall also be 20%.
12. Inquiries: All online inquiries regarding lots must be sent directly to the Seller via email and received 24 hours prior to the start of the auction.
13. Unless exempted by law from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state.
14. Any and all of the conditions may be waived, or modified in writing at the sole discretion of Barry S. Slosberg, Inc.
