Terms & Conditions
TERMS & CONDITIONS 1. Prior to sale, all bidders must register with Hill Auction Gallery LLC or online to participate in live bidding. 2. The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalog (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold "As Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchant-ability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchant-ability or fitness for a particular purpose can be construed from the catalog, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs. 3. Notwithstanding the preceding condition, if within 14 days of the sale of any lot the purchaser of any painting or lot of silver gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalog or the Auctioneer's comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price. 4. A premium equal to 25% of the successful bid price will be added there to and is payable by the purchaser as part of the total purchase price. 5. The State of Florida Sales Tax (6%) is computed on this total purchase price. The purchaser will be required to pay Florida Sales Tax unless exempted through possession of a valid State of Florida Sales Tax number on file. Please Note: The State of Florida has no arrangement of reciprocity with any other jurisdiction and the Auctioneer cannot honor a Sales Tax number from any other jurisdiction. 6. The Auctioneer reserves the right to withdraw any property at any time before actual sale. 7. Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalog. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid 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 re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction. 8. On the fall of the Auctioneer's hammer, title to the offered lot passes to the highest bidder who thereupon will pay the full purchase price therefore or such part as the Auctioneer may require. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser's sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property on 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, including warehousing, the expenses of both sales, and the Auctioneer's commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after removal of goods and no article shall be re-sold for purchaser at the sale where purchased. 9. Unless the sale is advertised and announced as an unrestricted sale or sale without reserve, Consignors reserve the right to bid through the Auctioneer as agent on their own consignments. 10. The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale 11. Bidding will constitute full acceptance of the terms and conditions herein. 12. Payment: Payment will be accepted in the form of Visa, MasterCard, American Express, Discover, personal check, cashier's check, bank wire transfer, money order, and cash (in house only). *All purchases exceeding a total amount of $2,500 USD must be paid with a form of payment other than a credit card*. For internet bidders, if payment is not received within 5 business days following the auction, a payment reminder invoice will be sent. If payment is not received within 10 business days of the auction, we (Hill Auction Gallery LLC) reserve the right to void the sale of the item(s) to that bidder, and make the item(s) available for sale to the under bidder. In addition, any non-paying bidder will be prohibited from registering for any future auction that is held by Hill Auction Gallery LLC. For auction floor bidders, if any item(s) remain unpaid after 10 business days without prior agreement by Hill Auction Gallery LLC management, said item(s) will be relinquished by the bidder and the bidder will be prohibited from registering for any future auctions held by Hill Auction Gallery LLC
Shipping Terms & Conditions
--Buyer to pay all shipping charges. Shipping will be added to the total cost of the item (s) (hammer price + buyer's premium + sales tax (if you are in-state). Final invoices will be emailed to the email provided to register for the auction once all shipping has been paid for and will include your tracking number, if applicable. All exceptionally large or irregularly shaped items will be packaged through UPS Packing and shipped via UPS. Smaller items will be shipped using either USPS Priority mail or UPS. Please contact us prior to bidding with any shipping questions.
--If the buyer refuses or does not wish to pay for shipping and cannot pick up the winning items, JD's Auctions will not refund the purchase for any reason. The buyer can then become a consignor and consign the item(s) with JD's Auctions. A contract will be sent via email for the buyer to review and sign. The contract must be scanned and emailed back to us or mailed. The buyer has 5 business days to return the signed contract. When the contract is received, JD's Auction will lot the item in an auction. If the contract is NOT received within 5 business days, the items will be deemed abandoned and become the sole property of JD's Auctions.
INTERNATIONAL BUYERS: You are responsible for any and all customs fees in addition to USPS International First Class or USPS International Priority Mail. Depending on the item, UPS International may be used to ship your winning item(s)
---Shipping process and time-- We package everything in-house unless the item(s) are especially large or of an irregular shape. Items falling into this category will be packaged using UPS Pack and Ship. Once all of the shipping has been paid for we will email you a final itemized invoice with all charges and your tracking number. We first process payments and then ship items, shipping processing time can take anywhere from 4-10 business days due to the high volume of internet bidders and we only have two employees who process payments and complete shipping, so please plan accordingly and your patience is greatly appreciated. If you need your package faster, please let us know via phone call and we will expedite and or ship using a faster method.
UPS Pack and Ship
865-220-9782
865-220-9815
store3131@theupsstore.com
