Auction Terms & Conditions
PAYMENT
Accepted Forms of Payment: American Express, MasterCard, Money Order / Cashier's Check, Paypal, Personal Check, Visa, Wire Transfer, Paypal.
Payment options: We accept personal checks, cashier's checks, money orders, wire transfers and credit cards. If paying by personal check we will ship your item(s) after the check has cleared our bank (within 10 business days). Checks should be made out to Gotta Have It Collectibles Inc. and mailed to Gotta Have It, 153 East 57th Street, New York, NY 10022.
PAYMENT: Payment in full is due within seven (7) calendar days of the invoice date. ***PLEASE NOTE: IF YOU WOULD LIKE YOUR SHIPMENT TO BE SENT TO AN ADDRESS OTHER THAN THE ONE YOU HAVE ON FILE WITH INVALUABLE, YOU WILL NEED TO INFORM US OF THIS AS SOON AS PAYMENT IS SUBMITTED FOR YOUR WINNINGS***
We require credit card information to bid, and may use it for payment if you are the winning bidder. A total of a 20% buyer's premium will be added to the hammer price on all individual lots sold in live Auctions (we charge 15% and Invaluable, eBay and AuctionZip charge an additional 5%) plus any applicable taxes. GOTTA HAVE IT® Collectibles, Inc. is required to charge New York State tax for items shipped in New York, plus shipping charges. Delivery of purchased items will not be made unless and until full payment has been received by GOTTA HAVE IT® Collectibles, Inc., i.e., Paypal, check or credit card funds have fully cleared. If paying using a credit card on file with WePay, please note that we reserve the right to charge your credit card for your purchases if we have not heard from you or you have not made payment within 4 days post auction. If paying via Paypal please submit payment using GOTTA HAVE IT® Collectibles, Inc. email as follows: Tony@gottahaveit.com
Payment. Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as GOTTA HAVE IT® Collectibles, Inc. may require.
Payment is due upon presentment of an invoice, following the end of auction. GOTTA HAVE IT® Collectibles, Inc. reserves the right to void an invoice if payment in full is not received within seven (7) calendar days of the of the invoice date. In cases of nonpayment, GOTTA HAVE IT® Collectibles, Inc.' election to void a sale does not relieve the Bidder from their obligation to pay GOTTA HAVE IT® Collectibles, Inc. its fees (seller's and Buyer's Premium) on the lot and any other damages pertaining to the lot.
All payments for sales are strictly in U.S. dollars via Paypal, credit cards, personal checks, cashier checks, bank money orders and wire transfers, and are subject to all reporting requirements.
SHIPPING
Applicable shipping and handling charges will be added to the invoice Bidder is liable for shipping and handling. ***PLEASE NOTE: IF YOU WOULD LIKE YOUR SHIPMENT TO BE SENT TO AN ADDRESS OTHER THAN THE ONE YOU HAVE ON FILE WITH INVALUABLE, YOU WILL NEED TO INFORM US OF THIS AS SOON AS PAYMENT IS SUBMITTED FOR YOUR WINNINGS*** Shipping and handling costs are competitive as we maintain discounted contracts with FedEx. If you have any questions, contact GOTTA HAVE IT® Collectibles, Inc. prior to bidding. After payment has been made in full, GOTTA HAVE IT® Collectibles, Inc. will ship your purchase within 5 business days following receipt of full payment for item. We currently ship via FedEx but if your purchase is shipping to a P.O. Box, we ship via USPS. All items are insured. We ship from our offices in New York, NY. We may opt to use a third party shipper for very fragile, bulky or oversized items. Items requiring third party shipping will be denoted in the item description. Packages shipped internationally will have full value declared on shipping form. International buyers will be responsible for any customs fees incurred.
Please remember that the buyer is responsible for all shipping costs from GOTTA HAVE IT® Collectibles, Inc.' offices in New York, NY to the buyer's door. Please see full Terms and Conditions of Sale.
Request more information
Contacting: GOTTA HAVE IT® Collectibles, Inc. 212-750-7900
BUYER'S PREMIUM - 20.0%
BUYER'S PREMIUM: The Bidder acknowledges and agrees that a total of a 20% Buyer's premium(we charge 15% and Invaluable, eBay and AuctionZip charge an additional 5%) will be added to the hammer price on all individual lots sold in live Auctions (the "Buyer's Live Premium"). Delivery of purchased items will not be made unless and until full payment has been received by GOTTA HAVE IT® Collectibles, Inc., i.e., Paypal, check or credit card funds have fully cleared. Unless otherwise agreed in writing, signed by GOTTA HAVE IT® Collectibles, Inc., payment in full is due within seven (7) calendar days of the invoice date. All purchases delivered to New York are subject to applicable New York sales tax unless the purchaser possesses a New York sales tax exemption number. GOTTA HAVE IT® Collectibles, Inc.' Buyer's Premium does not include any fees assessed by third-party internet bidding platforms. Please refer to the internet bidding platform's terms and conditions for any additional premium charged.
Minimum bids and Bid Increments
A minimum bid is the price at which the lot will start at. Bids cannot be accepted below the minimum bid. The minimum bid is often times well below the estimate.
Bids are placed at incremental levels.
Full Terms & Conditions of Sale: GOTTA HAVE IT® Collectibles, Inc. Terms and Conditions of Sale
ANYONE EITHER REGISTERING TO BID OR PLACING A BID ("BIDDER") ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH THE UNIVERSITY STAMP COMPANY, INC., HEREINAFTER KNOWN AS "GOTTA HAVE IT® COLLECTIBLES, INC." TOGETHER WITH BIDDER, THE "PARTIES"
The following terms and conditions ("Conditions of Sale") constitute the sole terms and conditions under which GOTTA HAVE IT® Collectibles, Inc. will offer for sale and sell the property described in the catalog of items for auction (the "Catalog"). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which the Bidder participates (the "Auction"). By bidding at the Auction, whether in person, through an agent or representative, by telephone, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which GOTTA HAVE IT® Collectibles, Inc. agrees to these terms.
This Auction is presented by GOTTA HAVE IT® Collectibles, Inc. and Internet site "Invaluable.com". The Auction is conducted under these Conditions of Sale.
The Bidder. Bidder shall mean the original Bidder on the property offered for sale by GOTTA HAVE IT® Collectibles, Inc. and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to GOTTA HAVE IT® Collectibles, Inc. prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.
The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of GOTTA HAVE IT® Collectibles, Inc.. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale.
Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.
All Bidders must meet GOTTA HAVE IT® Collectibles, Inc.' qualifications to bid. Any Bidder who is not a client in good standing of GOTTA HAVE IT® Collectibles, Inc. may be disqualified at GOTTA HAVE IT® Collectibles, Inc.' sole option and will not be awarded lots. Such determination may be made by GOTTA HAVE IT® Collectibles, Inc. in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. GOTTA HAVE IT® Collectibles, Inc. reserves the right to exclude any person from the Auction.
If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment.
Bidding. Each Bidder's determination of its bid should be based upon its own examination of the item(s) online. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES. GOTTA HAVE IT® COLLECTIBLES, INC. IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer's Premium) that the Bidder is willing and able to pay. Since other Bidders online will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and GOTTA HAVE IT® Collectibles, Inc. has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made an error.
Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. GOTTA HAVE IT® Collectibles, Inc. reserves the right to require payment in full before delivering any lot to the successful Bidder.
It is the Bidder's responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession.
Bidder grants to GOTTA HAVE IT® Collectibles, Inc. or its assigns the right to offset any sums due, or found to be due by GOTTA HAVE IT® Collectibles, Inc., and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of GOTTA HAVE IT® Collectibles, Inc. or from any sums due to Bidder by GOTTA HAVE IT® Collectibles, Inc.. Bidder further grants GOTTA HAVE IT® Collectibles, Inc. a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant GOTTA HAVE IT® Collectibles, Inc. such security interest. Bidder agrees that GOTTA HAVE IT® Collectibles, Inc. and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of GOTTA HAVE IT® Collectibles, Inc., to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid.
By bidding in this sale, Bidder personally and unconditionally guarantees payment.
In the event of a successful challenge to the title to any goods purchased pursuant to these Conditions of Sale and the exclusive remedies provided herein, GOTTA HAVE IT® Collectibles, Inc. agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer's Premium actually paid, in full and complete satisfaction of all claims, which once tendered by GOTTA HAVE IT® Collectibles, Inc., relieves and releases GOTTA HAVE IT® Collectibles, Inc. from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned.
Because invaluble.com acts only as an agent, all bids submitted directly to the house are always given preference in the event of a tie. Absentee bids submitted via internet bidding services (e.g. invaluable.com) are not known to the auctioneer until the lot is opened on the day of the Auction.
In all Auctions, bids on an item must raise the current high bid according to GOTTA HAVE IT® Collectibles, Inc. bidding increments specified under Auction Terms, on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of GOTTA HAVE IT® Collectibles, Inc.
GOTTA HAVE IT® Collectibles, Inc. will record the paddle number of the Bidder. If Bidder's absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
GOTTA HAVE IT® Collectibles, Inc. reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless GOTTA HAVE IT® Collectibles, Inc. directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, GOTTA HAVE IT® Collectibles, Inc. will have final discretion in the event that any dispute should arise between Bidders. GOTTA HAVE IT® Collectibles, Inc. will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. GOTTA HAVE IT® Collectibles, Inc. will have final discretion to resolve any disputes arising after the online auction. If any dispute arises, GOTTA HAVE IT® Collectibles, Inc.' sale record is conclusive.
GOTTA HAVE IT® Collectibles, Inc. shall determine opening bids and bidding increments. GOTTA HAVE IT® Collectibles, Inc. has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if GOTTA HAVE IT® Collectibles, Inc. has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, GOTTA HAVE IT® Collectibles, Inc.' record of final sale shall be conclusive. GOTTA HAVE IT® Collectibles, Inc. also may reject any bid if GOTTA HAVE IT® Collectibles, Inc. decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by GOTTA HAVE IT® Collectibles, Inc. at the time of sale, no lots may be divided for the purpose of sale.
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.invaluable.com. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.invaluable.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by Invaluable.com. GOTTA HAVE IT® Collectibles, Inc. is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the online auction catalog. The auctioneer will accept bids from absentee bidders participating by internet or by written bid left with GOTTA HAVE IT® Collectibles, Inc. in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
GOTTA HAVE IT® Collectibles, Inc. is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
To maximize Bidder's chance of winning, GOTTA HAVE IT® Collectibles, Inc. strongly encourages the use of maximum bids. GOTTA HAVE IT® Collectibles, Inc. will then bid for Bidder until the lot reaches Bidder's specified maximum. Maximum bids are strictly confidential.
Absentee bidding (advance written bids submitted prior to start of the auction) are offered solely as a convenience and permitted only prior to the start of the online auction, with GOTTA HAVE IT® Collectibles, Inc.' approval which shall be exercised at GOTTA HAVE IT® Collectibles, Inc.' sole discretion. Neither GOTTA HAVE IT® Collectibles, Inc. nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for advance bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
New York State Sales Tax
New York States sales tax is charged on all orders shipped within New York State. The sales tax amount will be based on the hammer price plus the buyer's premium. In no event will GOTTA HAVE IT!® Collectibles, Inc., be responsible for any sales tax, duties, or customs for any items purchased or shipped outside of New York State.
Deliveries. All deliveries are subject to good funds; funds being received in GOTTA HAVE IT® Collectibles, Inc.' account before delivery of the Purchases; and all payments are subject to a clearing period. GOTTA HAVE IT® Collectibles, Inc. reserves the right to determine if a check constitutes "good funds": checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank.
In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.
If GOTTA HAVE IT® Collectibles, Inc. refers any invoice to an attorney for collection, the Bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by GOTTA HAVE IT® Collectibles, Inc. If GOTTA HAVE IT® Collectibles, Inc. assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
GOTTA HAVE IT® Collectibles, Inc. shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. GOTTA HAVE IT® Collectibles, Inc. is further granted a lien and the right to retain possession of any other property of the Bidder then held by GOTTA HAVE IT® Collectibles, Inc. or its affiliates to secure payment of any Auction invoice or any other amounts due GOTTA HAVE IT® Collectibles, Inc. or affiliates from the Bidder. With respect to these lien rights, GOTTA HAVE IT® Collectibles, Inc. shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against GOTTA HAVE IT® Collectibles, Inc. and the consignor of the merchandise included on the invoice (the "Consignor"). If a Bidder owes GOTTA HAVE IT® Collectibles, Inc. or its affiliates on any account, GOTTA HAVE IT® Collectibles, Inc. and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession.
All checks, cashier's checks, bank checks, or money orders are payable to GOTTA HAVE IT® Collectibles, Inc.
Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a third-party shipper.
Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to GOTTA HAVE IT® Collectibles, Inc. for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item'(s) hammer price and GOTTA HAVE IT® Collectibles, Inc. shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
GOTTA HAVE IT® Collectibles, Inc. assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by GOTTA HAVE IT® Collectibles, Inc. or other packers and carriers, whether or not recommended by GOTTA HAVE IT® Collectibles, Inc.. GOTTA HAVE IT® Collectibles, Inc. assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where GOTTA HAVE IT® Collectibles, Inc. arranges and bills for such services via invoice, GOTTA HAVE IT® Collectibles, Inc. will include an administration charge.
Withdrawal of Lots and Postponement of Auction. GOTTA HAVE IT® Collectibles, Inc. reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. GOTTA HAVE IT® Collectibles, Inc. shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. GOTTA HAVE IT® Collectibles, Inc. reserves the right to refuse to accept bids from anyone.
GOTTA HAVE IT® Collectibles, Inc. reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
Reserves. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property, unless they pay both a buyer's and seller's commission. GOTTA HAVE IT® Collectibles, Inc. may also execute bids on behalf of a consignor or the house account, but never above the low estimate. If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. GOTTA HAVE IT® Collectibles, Inc. has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
Estimates. In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the "Estimate Prices"). In other instances, Estimate Prices can be obtained by calling GOTTA HAVE IT® Collectibles, Inc. at (212) 750-7900. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer's Premium or sales tax (see under separate heading).
Consigned Property. GOTTA HAVE IT® Collectibles, Inc. offers lots owned by the house as well as consigned items.
Failure to comply with Terms and Conditions. Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, GOTTA HAVE IT® Collectibles, Inc. may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that GOTTA HAVE IT® Collectibles, Inc. will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate GOTTA HAVE IT® Collectibles, Inc. for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that GOTTA HAVE IT® Collectibles, Inc., in its sole discretion, deems necessary or appropriate to preserve and protect GOTTA HAVE IT® Collectibles, Inc.' rights and remedies. Should GOTTA HAVE IT® Collectibles, Inc. resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, GOTTA HAVE IT® Collectibles, Inc. shall apply the payment received to such lot or lots that GOTTA HAVE IT® Collectibles, Inc., in its sole discretion, deems appropriate. If GOTTA HAVE IT® Collectibles, Inc. does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted GOTTA HAVE IT® Collectibles, Inc. a security interest in, and GOTTA HAVE IT® Collectibles, Inc. may retain as collateral such security for such Bidder's obligations to GOTTA HAVE IT® Collectibles, Inc., any property in GOTTA HAVE IT® Collectibles, Inc.' possession owned by such Bidder. GOTTA HAVE IT® Collectibles, Inc. shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the State of New York.
Warranties. GOTTA HAVE IT® Collectibles, Inc. does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither GOTTA HAVE IT® Collectibles, Inc. nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither GOTTA HAVE IT® Collectibles, Inc. nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. GOTTA HAVE IT® Collectibles, Inc. does not make any representation or warranty as to title.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the online Auction Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by GOTTA HAVE IT® Collectibles, Inc. to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and GOTTA HAVE IT® Collectibles, Inc. urges Bidders to avail themselves accordingly. Bidder is encouraged to examine lots thoroughly online. Bidder may also request condition reports.
All lots sold by GOTTA HAVE IT® Collectibles, Inc. are guaranteed authentic. This guarantee is valid from date of the Auction in which Bidder was awarded the lot (the "Auction Date") until one (1) year after the Auction Date, without exception. We encourage the bidder to seek third party opinions on authenticity within the one year period.
Lots purchased will come with a printed Certificate of Authenticity from GOTTA HAVE IT® Collectibles, Inc with a description of the item.
In the event that GOTTA HAVE IT® Collectibles, Inc. is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of GOTTA HAVE IT® Collectibles, Inc., the liability, if any, of GOTTA HAVE IT® Collectibles, Inc., shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall GOTTA HAVE IT® Collectibles, Inc. be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Remedies Under no circumstance will GOTTA HAVE IT® Collectibles, Inc. incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of GOTTA HAVE IT® Collectibles, Inc., that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, GOTTA HAVE IT® Collectibles, Inc. shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to GOTTA HAVE IT® Collectibles, Inc.). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, GOTTA HAVE IT® Collectibles, Inc. shall disclose the identity of the Consignor to Bidder and assign to Bidder all of GOTTA HAVE IT® Collectibles, Inc.' rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of GOTTA HAVE IT® Collectibles, Inc. with respect to said lot or property shall automatically terminate. GOTTA HAVE IT® Collectibles, Inc. shall be entitled to retain the premiums and other amounts paid to GOTTA HAVE IT® Collectibles, Inc. - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If Bidder wishes to challenge the the authenticity of any item, Bidder must present written evidence that the lot is not authentic as determined by two disinterested, known experts in the field, agreeable to us, within a period of one year from the auction date. If GOTTA HAVE IT® Collectibles, Inc. agrees that the lot is not as represented, Bidder's sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If GOTTA HAVE IT® Collectibles, Inc. does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.
Any such challenge concerning authenticity must, without any exception, be brought within one (1) year of Bidder's notice to GOTTA HAVE IT® Collectibles, Inc. of Bidder's contention that the lot was not authentic.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by GOTTA HAVE IT® Collectibles, Inc. no later than twenty-one (21) calendar days after the Auction Date. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by GOTTA HAVE IT® Collectibles, Inc.. All guarantees are applicable only to original purchaser. No returns will be accepted other than on the grounds of authenticity for any item that is described as having major flaws or restoration.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by GOTTA HAVE IT® Collectibles, Inc. or acting as agent or representative of GOTTA HAVE IT® Collectibles, Inc. may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in New York, New York, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of New York, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if GOTTA HAVE IT® Collectibles, Inc. prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of New York or the United States District Court for the District New York.
Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either GOTTA HAVE IT® Collectibles, Inc. or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that GOTTA HAVE IT® Collectibles, Inc. shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, GOTTA HAVE IT® Collectibles, Inc. may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of New York or the United States District Court for the District of New York rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that GOTTA HAVE IT® Collectibles, Inc. may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of New York or the United States District Court for the District of New York rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if GOTTA HAVE IT® Collectibles, Inc. prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to GOTTA HAVE IT® Collectibles, Inc., and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
Under no circumstances is any employee, agent or representative of GOTTA HAVE IT® Collectibles, Inc. authorized by GOTTA HAVE IT® Collectibles, Inc. to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by GOTTA HAVE IT® Collectibles, Inc. unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of GOTTA HAVE IT® Collectibles, Inc. to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on GOTTA HAVE IT® Collectibles, Inc., and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of GOTTA HAVE IT® Collectibles, Inc..
Agreements. Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize GOTTA HAVE IT® Collectibles, Inc.' Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, GOTTA HAVE IT® Collectibles, Inc. reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by GOTTA HAVE IT® Collectibles, Inc. in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. GOTTA HAVE IT® Collectibles, Inc. may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: GOTTA HAVE IT® Collectibles, Inc. presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
