Terms of Sale
AUCTION TERMS & CONDITIONS OF SALE: PLEASE READ ALL TERMS BEFORE BIDDING. PLACING A BID CONSTITUTES FULL AND COMPLETE ACCEPTANCE OF ALL TERMS AND CONDITIONS OF SALE.
1. This is a liquidation sale. All items sold AS IS WHERE IS and all sales are final. All lots are sold with no guarantees of any kind, with all faults, imperfections and errors of description, regardless of statement of condition made from the auction block. Buyers shall rely entirely on their own inspection and information. Gallery 63 is not responsible for genuineness or authenticity of any lot. Catalog descriptions are provided as a courtesy and are made to the best of our ability. No warranty whatsoever is given by Gallery 63. No credits or refunds shall be given. Gallery 63 has full discretion to refuse any bidding, to divide any lot, to combine any two or more lots and to withdraw any lot from the sale without giving reason(s).
2. Bidder is responsible for knowing which item he/she is bidding on. If unsure, bidder should inquire or refrain from bidding. If you become the winning bidder, you have entered into a contract and are expected to pay for the item(s).
3. Payment is due the day of sale for in-house bidders. For internet, absentee and phone bidders, payment in full is required within 5 business days of the date of sale. Gallery 63 will email (to address provided on LA account) successful internet bidders an invoice within 48 hours of the end of the auction. If you do not receive an invoice within 48 hours, please contact the Gallery directly at 1-404-771-6162 to confirm email address.
4. All merchandise must be picked up within 15 days of the date of sale. Items left beyond 20 days after the sale are subject to a $20 per item per day fee. Any storage fees accrued must be paid prior to item being picked up. After 30 days, item(s) may be resold at Gallery 63 discretion with the proceeds going towards storage fees, without further notice. No refunds or credits will be given.
4a. Shipping is the sole responsibility of the purchaser. Gallery 63 assumes no responsibility for the choice of shipper or the handling of the shipping company, regardless of whether or not Gallery 63 provided the name of the shipping company.
5. All sales are subject to a 8.9% Georgia sales tax unless a valid resale number is provided and proper form completed and submitted to Gallery 63 prior to payment of invoice or item(s) are shipped out of state by common carrier and bill of lading is provided.
6. A buyer's premium will be applied to all auction purchases. The buyer's premium is 22% for payments made by credit/debit cards/paypal and 20% for payment by cash, check, e-check or certified funds. Online buyers premium is 23% plus 2 % for credit and debit payments.
7. The absence of a condition report does not mean the item is free of damage or defects. It is the buyer's sole responsibility to inspect and/or preview all lots prior to auction and/or to request a condition report prior to sale. Items sold are often of some age. If you are unsure of the condition, please refrain from bidding as ALL lots are sold AS IS and by placing a bid in the auction, bidder is accepting item in as sold condition.
7a. Chandeliers offered are often of some age. We strongly recommend a licensed electrician inspect any light fixtures (lamps, chandelier, etc.) prior to having them installed. Gallery 63 accepts no responsibility for the wiring or lack of wiring of any light fixture.
7b. Watches may be subject to aftermarket enhancements. Bidders are encouraged to request a full condition report for further clarifications on individual items.
7c. Gemstones may have been enhanced or treated. Bidders are encouraged to request a full condition report for further clarifications on individual items.
8. We accept the following methods as payment for auction purchases: American Express, Visa, MasterCard, & Discover, Cashier's or Certified checks. Cash is accepted for in person payments only. There will be a $30 returned check fee for any and all check payments that are returned. There is a flat $15 fee for domestic wire transfers and $16 for international wire transfers.
9. Absentee, phone and internet bidding are offered as a courtesy and Gallery 63 accepts no responsibility for a missed bid or withdrawal of any lot for any reason with or without notice.
9a. Notice to internet bidders: Auctioneer has full discretion in the event of a tie bid and will recognize the bid that he/she sees first. Therefore, it is possible for an item to sell to a floor bidder at the exact bid left by an internet bidder. For example, if an internet bidder leaves a bid of $1000, but the auctioneers receives a floor bid for $1000 at the same time the internet bid comes across, the auctioneer may recognize the floor bidder and the item would sell at that bid to the floor bidder if there are no advances.
10. Auction catalog items are described to the best of our ability and knowledge and are subject to change. Gallery 63 is not responsible for errors of description. Auctioneer reserves the right to make verbal corrections at the time of sale.
11.Upon the fall of the hammer (the auctioneer said sold), the title and responsibility for each item or lot passes to the purchaser. In the case of a disputed bid, the auctioneer, at his or her sole discretion, will determine the successful bidder or may re-offer and resell the article in dispute.
12. Submitting any bid on any item constitutes bidder's acknowledgment and acceptance of all terms and conditions of sale. In the event a bidder refuses to comply with any terms of sale, including failure to pay for any item, Gallery 63 has the right to pursue all legal remedies available under the laws of the State of Georgia.
I have read and understand these TERMS of Sale. I ACCEPT them in their entirety as a condition to bid at Gallery 63.
