Auction Terms & Conditions
JEFFREY S. EVANS & ASSOCIATES
AUCTION TERMS & CONDITIONS
Your bid constitutes a legally binding contract. By bidding with Jeffrey S. Evans & Associates either directly or through another online auction provider (e.g. Live Auctioneers), you are agreeing to abide by all associated auction terms and conditions.
1. The auctioneer reserves the right to reopen bidding on a sold lot (under extreme circumstances only) and is the sole determinant concerning all bid disputes and the final authority in regard to all auction terms and conditions.
2. Lots won by bidding in person, by telephone bid, or by absentee bidding directly with Jeffrey S. Evans & Associates are subject to a 17% buyer's premium, discounted to 15% for cash or check purchases. Lots won by "Live" Internet bidding are subject to a 20% buyer's premium. Lots won by absentee bidding through Live Auctioneers are subject to a 20% buyer's premium. The 20% "Live" Internet/Live Auctioneers buyer's premium is not eligible for discount.
3. Unless exempted by law, all purchases are subject to a 5% VA state sales tax (this is also applicable to out-of-state buyers who pick up their purchases in VA).
4. VA law requires that all dealers have a valid, signed VA Dept. of Taxation Sales & Use Tax Certificate of Exemption on file with us (required per auction for non-VA dealers).
5. Regarding ABSENTEE BIDDING and TELEPHONE BIDDING (this information does NOT apply to absentee bids submitted through Live Auctioneers, LLC):
a. These services are offered as a courtesy, at no additional cost to the bidder. We are not responsible for errors or unexecuted absentee or phone bids. Our online absentee bidding is powered by Auction Flex. No service fee is imposed on lots won by absentee bidding through jeffreysevans.com/Auction Flex.
b. Non-Internet bids: If you do not have Internet access, you may fax, mail, or hand-deliver bids to us and we will enter the bids on your behalf. Non-Internet bids must include the auction date and a signed statement indicating that you accept all terms and conditions of the auction. You may call 540.434.3939, ext. 141 to request an absentee bid form. Note: Your local library may provide internet access for free, or for a nominal fee.
c. All absentee bids must be in written form. We cannot accept verbal absentee bids. Submitted bids that are not commensurate with our standard bid increments will be rounded up to the correct bid increment.
d. Check your lot number! If you bid on the incorrect lot and win, you are liable for payment. When we enter bids for you, we refer to lot numbers only; however, if we notice a discrepancy between a lot number and item description, we will attempt to contact you to clarify. If it is not possible to confirm your intent, we will not execute your bid(s).
e. Absentee bidders may be in competition with various "live" bidders. "Live" bidders may include "floor" or "in-house" bidders (bidding in person at our auction gallery), Internet bidders (bidding in real time via computer) or telephone bidders (bidding in real time via telephone).
f. All absentee bids are processed competitively with other absentee bids. In the event of identical absentee bids, the earliest received takes priority. Note: This is only coordinated between two tied absentee bids, and not between an absentee bid and a "live" bid, therefore it is possible that a "live" bidder could win a lot for the same bid amount you placed prior to the auction (it depends on where that bid increment falls during live bidding on the lot).
g. Absentee bids placed in person at our gallery are accepted at any time prior to the sale of the item. The deadline for all other absentee bids (internet, mailed and faxed bids) is two hours prior to the start of the auction.
h. All Telephone bids are subject to a minimum opening bid of $250 per lot and must be arranged by 12:00 p.m. Eastern, the day before the auction.
i. We will notify all successful bidders, including Live Auctioneers winners, by email or phone within 2 business days of the sale (e.g. Tuesday following Saturday auction). Winning bidders must contact us by 5 PM ET on the Friday following the auction to confirm receipt of invoice and make arrangements for payment and shipping or pick up.
j. PAYMENT IS DUE WITHIN 5 DAYS OF THE DATE OF YOUR INVOICE. If you have requested that we pack and ship for you, payment in full is due within 5 business days of the date of your final invoice, which will include the cost of packing, shipping and insurance. Requests for our packing/shipping service must be made by 5 PM ET on the Friday following the auction. PLEASE MAIL PAYMENTS TO OUR POST OFFICE BOX.
k. See our BUYING webpage for additional auction terms and other important information.
6. Once an item is sold to an in-house bidder, the buyer assumes full risk and responsibility for said item.
7. Items purchased in person at our gallery must be paid in full on the date of sale, unless other arrangements have been pre-approved by an authorized representative of Jeffrey S. Evans & Assoc.
8. Each returned check is subject to a $50.00 service charge.
9. Accounts that are unpaid after 30 days of the sale date will be subject to a 2% monthly finance charge.
10. The buyer is liable for all fees/costs associated with the collection of balances due, including attorney's fees.
11. Unless pre-arranged with Jeffrey S. Evans & Assoc., any merchandise not removed within two weeks of the sale date is subject to a storage fee; any merchandise not removed within 60 days of the sale date is considered abandoned.
12. Refunds will be given at the sole discretion of the auctioneer and will only be considered on lots that are determined not to be authentic or have major damage or significant restorations/repairs that were not outlined in the condition report. Lots cataloged without circa dates are not guaranteed as to age. Additionally:
a. All rugs are sold strictly "as is" with no guarantees as to age or condition. No refunds will be accepted on rugs.
b. Refunds in regard to condition for items purchased in person at the gallery must be requested before those items are removed from the gallery.
c. All refund requests must be RECEIVED within 25 days of the sale. Requests in regard to authenticity must also include at least one supporting written and signed statement from an authority recognized by the auctioneer. Note: Your timeliness and type of payment (uncertified checks are held for 10 business days before we ship) directly affect the time allowed for a refund transaction.
d. Absolutely no refunds will be made after 25 days of the sale date.
e. Do not return any item until a refund authorization has been obtained from Jeffrey S. Evans & Associates. Once a refund is approved and the complete lot is returned to the satisfaction of the auctioneer, a full refund of the hammer price and buyer's premium will be issued. We do not offer partial refunds.
13. Additional conditions of sale apply as noted on our website and/or as announced by the auctioneer prior to the auction.
14. 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 Virginia. 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 Virginia.
CATALOGUE INFORMATION & OUR GUARANTEE
GLASS & LIGHTING AUCTIONS:
1. All catalogue descriptions are guaranteed to be accurate in the matter of authenticity, condition and measurements unless otherwise noted in the catalogue description. Measurements are guaranteed to be accurate to within one inch.
2. We are very meticulous in our description of the condition of each piece. Many of the minor flaws that we note are perfectly acceptable and do not detract from the item's desirability or value. We do not consider light wear, small manufacturing flaws, glass impurities or lightly tinted glass to be notable flaws.
3. If you are a bidder who demands flawlessness, it is recommended that you examine the item(s) in person, or have a trusted representative inspect the item(s) on your behalf.
4. Lamps are measured to the top of the collar and are without burners and chimneys unless otherwise noted.
5. All requests for additional information will be accepted until 24 hours prior to the start of the auction.
6. The auctioneer reserves the right to make verbal corrections and provide additional information from the auction block at the time of sale. Absentee bids will not be executed on lots found to be other than as described in the catalogue unless one of our representatives has personally conveyed the updated catalogue description to the absentee bidder. The bidder will then have the option to alter or cancel the original absentee bid.
JEFFREY S. EVANS & ASSOCIATES, INC.
Auctioneers, Appraisers, Brokers, Consultants & Collections Management
VAF #555 VAF #782
2177 Green Valley Lane
Mt. Crawford, Virginia 22841
Payments & general correspondence should be sent to:
P. O. Box 2638
Harrisonburg, Virginia 22801
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.