Terms and Conditions of Sale
Terms of Sale
1.
All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, whether express or implied. All items are available for your examination, by appointment, prior to auction day. Your bidding signifies that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. Please contact the auction house prior to the auction for condition reports on items you are planning to place bids on. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement, written or oral, made by the auctioneer shall be deemed a warranty or assumption of liability by ETON Galleries or by any seller represented by ETON Galleries.
2.
Bidding will begin at a price appropriate in the auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate. At the auctioneer's discretion, no bid of less than one half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or by those present. All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale.
3.
Once we declare that an item is sold, it will be considered final. We will not reopen the bidding. It is the bidder's responsibility to get our attention prior to the fall of the hammer. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again at the auctioneer's sole and complete discretion. You will be sent an invoice within 3 business days of the auctions end.
4.
Payment may made by the following methods, for purchases of $5,000 and below: cash, money order/cashier's check, wire/bank transfer, or credit card (MasterCard, Visa, American Express, and Discover). We DO NOT accept PayPal. Purchases totaling greater than $5,000.00 MUST be paid by wire/bank transfer, unless prior arrangement has been made with the Company by our express written consent. We reserve the right to require bank letters of guarantee for large purchases. Any such credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been established.
5.
Payment is due upon receipt of invoice. Payment in full for successful absentee, phone bids and online bids is required within four business days of the auction. Bidding on an item indicates the client's acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through any online bidding platform constitutes your express permission to charge successful bids to credit cards if payment is not received within four (4) business days of the auction's end, unless alternate arrangements have been made with the Company by our express written consent.
6.
We are pleased to offer absentee and phone bidding for prospective bidders who cannot be present at the auction. Please complete the Absentee Bid and/or Phone Reservation form. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the day before the auction. No additional phone bids can be accepted on the day of the auction including additions when speaking with a staff person on the phone. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half the printed low estimate, and gives the auctioneer the authority to open the bidding at that level. ETON Galleries shall have the right to withdraw any item at any time for any reason and to default any sale in the event of an error or dispute.
7.
In the case of identical absentee bids, the bid received first will prevail. Bids left on LiveAuctioneers.com or Invaluable.com are not executed until the item is offered in the live auction and the order in which they are received is not a factor. Please submit your highest and best offer for any item you are interested in, as we will be moving through the auction at a fast pace. We are not responsible for missed bids due to entering a late bid. Following are general guidelines for bidding increments:
$0-$200………………….$10 increments
$200-500…………….$25 increments
$500-1,500…………….$50 increments
$1,500-3,000…………….$100 increments
$3,000-6,000…………..$200 increments
$6,000-$10,000………$500 increments
$10,000-$20,000...........$1,000 increments
$20,000 - $50,000..........$ 2,000 increments
$50,000 - $100,000.........$5,000 increments
$100,000+ …......... Auctioneers Discretion
8.
In our experience, cell phones are not always dependable, and we recommend phone bidding be made on land lines, if available. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone bids. Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see numbers 4 and 5 above.
9.
Shipment, including packaging for transport, of all items is the responsibility of the purchaser. We are glad to provide the names of third-party service providers as a courtesy upon request. ETON Galleries will have no liability for any loss or damage to shipped items.
10.
INTERNET ABSENTEE BIDDERS, PLEASE NOTE: We do not accept cut bids, that is, bids lower than the last interval, from the floor or from phone bidders, nor do we accept them from internet bidders. Thus it is possible that a lot could go to another bidder for less than your absentee bid. For example, if the bids are progressing in ten dollar increments, $50, $60, $70 and your absentee falls at $75, we will not take the bid since it is less than the $10 interval. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation. We reserve the right to drop the bid price at any point during the auction.
11.
All purchases are subject to applicable Texas sales tax unless the Texas Certificate of Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country.
12.
Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, ETON Galleries may seek all remedies under the law including canceling the sale and re-offering the property without reserve.
13.
A buyer's premium will be applied to the purchase price of all items:
Hammer price:
$10,000.00 - 24%
$10,000.01 - $50,000.00 - 19%
Above $50,000.00 - 15%
By bidding you agree to all buyers premiums and applicable taxes.
14.
If Property is not picked up by purchaser, purchaser's agent, or authorized third party shipping/freight provider within fifteen (15) business days following the date of sale, whether or not payment has been made, ETON Galleries reserves the right to impose, and the purchaser agrees to pay, a minimum storage fee of $50.00, plus $5.00 per lot, per day; or to deliver said property to a public warehouse for storage at the purchaser's expense, and the purchaser agrees to pay all expenses incurred thereby, including, but not limited to, transportation and storage fees. For property that is not picked up in accordance with the above after thirty (30) calendar days, an additional administrative fee of $75 will be charged. In addition, we reserve the right to impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. ETON Galleries shall have no liability whatsoever for any damage to property left on its premises for more than fifteen (15) business days following the sale. Purchaser agrees that all Property which is paid for, but left on our premises in excess of ninety (90) calendar days for any reason, will be considered abandoned property and will become sole property of ETON Galleries, and is subject to sale by the Company to recoup storage and administrative costs incurred thereby. The Purchaser expressly agrees to forfeit any and all right to the Property and relinquishes all right to any refund(s) for properties not removed as stated.
15.
Preview is available BY APPOINTMENT ONLY, Monday-Saturday, 10 AM-5 PM, with the exception of any sale day or date. Preview MUST be scheduled prior to the day or date of sale. When requesting an appointment, please be sure to send us a complete list of ALL lots you are potentially interested in viewing to ensure availability.
16.
Export and Permits - It is the purchaser's sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the sale catalogue reflect ETON Galleries' reasonable opinion at the time of cataloguing and are for bidders' general guidance only; ETON Galleries and the Consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.
17.
Endangered Species - Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, tortoiseshell, whalebone, etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. ETON Galleries suggests that international buyers check on foreign governments' wildlife import requirements prior to placing a bid. All buyers agree to comply with any and all domestic and international restrictions on the trade of endangered species as a condition of the sale. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot. Although licenses can be obtained to export some types of endangered species, other types may not be exported at all, and other types may not be resold in the United States. ETON Galleries is not able to assist the purchaser in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained. Please check with our specialists if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation. ETON Galleries will not release lots governed by these restrictions for export, or for shipment to the states of New York and New Jersey. Lot(s) purchased by ineligible bidders will not be released for shipment under any circumstance, and must be re-consigned, without exception, to the next appropriate sale. Bidders in the state of California are required to sign a waiver of liability and declaration of intent prior to ETON Galleries releasing lots governed by these restrictions for shipment.
18.
Due to the embargo on Persian carpets, international shipping is not available.
19.
ETON Galleries makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, "earth mined", man-made or other. Appraisals, descriptions, photographs, are offered as a service and are not intended to be a complete analysis of the qualities and conditions of the jewelry. All identifications, information, weights, quality, cut, value and other estimates, are opinions, limited by examination and grading the mountings, the condition and cleanliness of the items. All gems, colored stones, diamonds, "cultured or natural pearls, fresh water, south sea, Tahitian pearls", and other materials used in jewelry, may be enhanced by a variety of treatments. ETON Galleries makes no warranties or guaranties that any clock or watch is in working order.
This auction is conducted by a licensed auctioneer in the State of Texas (Denton Sorrels, License #17596, Texas Department of Licensing & Regulation), under the applicable rules and laws of said State.
Complaints may be directed to: Texas Department of Licensing & Regulation, P.O. Box 12157 Austin, Texas, 78711; (800) 803-9202; or may be filed on-line: https://www.tdlr.texas.gov/complaints
