Terms & Conditions of Sale
TERMS & CONDITIONS OF SALE & LIMITED WARRANTY
Our email address is: info@stanfordauctioneers.com; website is www dot stanfordauctioneers dot com.
Each lot in this catalogue is subject to the following Terms & Conditions of Sale & Limited Warranty ("T&C"), as supplemented in writing or otherwise by Stanford Auctioneers, Inc. ("SA") prior to the sale. By registering to bid at auction, by placing a bid or offer by any means, or by purchasing a lot or property after-auction/after-sale or private sale, whether or not the lot or property is included in the present auction, you agree to these T&C, including those available by hyperlink at our website. We may amend these T&C at any time by posting the amended terms on our website. Except as stated below, all amended terms shall automatically be effective on a prospective basis once they are posted on our site. These T&C may not be otherwise amended except in a writing signed by you and SA. "We," "us," "our," "Stanford Auctioneers," "SA," and all other similar terms refer to Stanford Auctioneers and its agents; "you," "your," "buyer," or similar terms refer to a person bidding on or buying property.
AUCTIONEER
Stanford Auctioneers conducts business as an auctioneer commission-agent in its own name on behalf of its voluntary consignors and from time to time on its own behalf.
CATALOGUE INFORMATION
All auction catalogue information posted on-line at any Internet live bidding platform website, including but not limited to the auction Cataloguing Practices, Auction Material, Duration and Time of Auction, Buyer's Premium, Condition, Types of Bidding and Bidder Responsibilities, Payment, Shipping, Lots Per Hour, Taxes, Terms & Conditions, Contract, and Registration, is hereby incorporated as part of these present T&C. Any pre-sale announcements made by the auctioneer immediately prior to the start of the auction are incorporated herein as well.
AUCTION DATES AND TIMES
Auction dates and times, as well as the number, character, order, and schedule of the items to be auctioned are set by SA and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available on the auction floor may not be included in the online live auction services catalogues. Any audio or video aspects of a live auction event are for entertainment purposes only.
DURATION AND TIMING OF AUCTION
Please note that we utilize both "traditional" auctions and timed auctions. In our traditional auctions, we start with lot #1 and continue in numerical lot order until we sell the last lot. Some lots sell quickly, others take a while. We sell approximately 150 to 200 lots per hour, so you should be able to calculate roughly when the lot(s) you are interested in will be up for sale. The duration of the traditional auction is approximately three to six hours long, and we have no way of knowing precisely at what hour or minute your lot(s) will be up for sale. Timed auctions utilize a time certain, the exact time when the lot closes.
DESCRIPTION AND CONDITION OF LOTS
All objects put up for auction may be viewed and examined prior to the sale, by appointment. Previews are not available on the sale date. Catalogue descriptions are created with as much care as possible, but are OPINION ONLY, and the descriptions do not fall under any statutory paragraph for guaranteed legal characteristics. Solely as a convenience, SA may provide condition reports. Many items are of an age or nature that precludes their being in perfect condition. Some descriptions in the catalogue are given by way of a condition report (made either orally or in writing), which makes reference to damage and/or restoration. We provide this information for guidance only, without legal obligation, and the absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Bidders are urged to ask for condition reports as early as possible before an auction, and there is no guarantee we will be able to fulfill all requests for condition reports.
Any representation or statement by SA in any catalogue, brochure, or advertisement of forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price is a statement of opinion only. Every person interested should exercise his own judgment as to such matters, and neither SA nor any of its agents are responsible for the correctness of such opinions. Except as stated under Limited Warranty in the paragraphs below, all property is sold "AS IS, WHERE IS," with no representation or warranty of any kind from SA or the consignor. Buyers or their agents are advised to personally examine any property on which they intend to bid prior to the auction. All dimensions are approximate. The condition of frames is not guaranteed.
All lots are sold AS IS, WHERE IS and there will be NO RETURNS BASED ON CONDITION. Many items are of considerable age and will exhibit wear, usage, and damage often NOT LISTED IN THE CATALOGUE ENTRY. Some descriptions in the catalogue refer to specific damage and/or restoration, and while we provide this information for guidance only, without legal obligation, the absence of condition remarks in the catalogue DOES NOT mean the item is in perfect condition. Condition, like beauty, is in the eye of the beholder. When we list condition information for a lot, it is our opinion only. The absence of condition information does not mean the item is in perfect condition. Certain objects, such as watercolors, drawings, prints, posters, photographs, and photogravures, among others, may be affixed to mounting boards or support sheets, either contemporary or modern, and these may or may not be noted in the catalogue description. We urge you to request a full condition report for any items in which you have an interest. We recommend that every interested party exercise the best judgment possible based on direct physical examination of the property, as there are ABSOLUTELY NO RETURNS BASED ON CONDITION.
CATALOGUING PRACTICES
The following are some, but not all, of the practices used by Stanford Auctioneers in the cataloging of individual lots for sale:
1. Authorship of lots. Authorship for each lot is indicated using the following descriptions (with Henri Matisse as an example): Henri Matisse: In our opinion, a work by the artist. Henri Matisse, par/imputée [by/attributed]: In our opinion, most probably a work by the artist but our certainty as to authorship is not complete; generally used for two dimensional objects such paintings, drawings, etc. Henri Matisse, imputée [attributed]: In our qualified opinion, probably a work by the artist and from the period of the artist but less certainty as to authorship is expressed than in the second category. (Thus, par/imputée and imputée works are specifically excluded from the guarantee of authorship, as are studio of, circle of, style of, follower of, manner of, and d'apres). Henri Matisse (studio of): In our opinion, a work by an unknown hand in the studio of the artist which may or may not have been executed under the direction of the artist. Henri Matisse (circle of): In our opinion, a work by an unknown hand closely associated with the named artist but not necessarily his student. Henri Matisse (style of) or (follower of): In our opinion, a work by an unknown, nearly contemporary or contemporary hand working in the artist's style but not necessarily his student. Henri Matisse (manner of): In our opinion, a work in the style of the artist and of a later date. Henri Matisse, d'apres [after]: For paintings, drawings, watercolors, and similar one of a kind objects, in our opinion, a copy of a work of the artist; For multiples, such as prints, posters, photographs, sculptures, and similar objects, a copy of a work of the artist which may or may not have been authorized by the artist and which may or may not have been signed by the artist.
2. Dates. Dates are ascribed as closely as possible, with no guarantee as to their absolute accuracy, and objects (lots) are not subject to return because of date inaccuracy. Most lots include "matrix" date information. In the case of one of a kind objects (such as paintings, watercolors, etc.) the matrix date is the date the object was created. For "multiple" objects, such as most prints, posters, sculptures, photographs, etc., the matrix date is the creation date of the matrix from which the object is then derived. If known, we may list the "printed" date, the date that the multiple offered was printed. When we don't know the exact matrix date we may put "c" for circa, as in c1931, or we may omit this entirely. If we don't know the exact printed date we may use "c" or "printed later," or we may omit this entirely.
3. Dimensions. Measurements of the image and the matrix material are generally in 1/16 of an inch, height before width before depth, with no guarantee as to their absolute accuracy, and objects (lots) are not subject to return due to size inaccuracy. Intaglio prints are measured from the platemark; paintings, drawings, planographic prints, etc. are measured from the image. In the case of fine prints, posters, etc. we strive to note both image size and the sheet/paper size. In the case of posters, the image size generally is the size of the actual image itself, not including "letters" (any text, whether exhibition information or otherwise, unless the letters form part of the original image matrix).
4. Title, Medium, Edition, Paper, Margins, Catalogue Raisonne, Provenance. The Title may be as given by the Artist or may be descriptive; Medium if applicable and available; Edition size and individual number if applicable and available; Paper type if applicable and available; Margins if applicable and available; Impression quality if applicable and available; Catalogue raisonne number if applicable and available - please note that we occasionally use "cf.", the Latin abbreviation for the word "confer", which translates to English as "compare to", and does not imply that the catalogue number referred to is in fact the catalogue number for the object catalogued - rather, there is a similarity to the object and the catalogue image may be helpful to the viewer; Provenance if available: we describe these aforementioned items as accurately as possible with no guarantee as to their absolute accuracy, and objects (lots) are not subject to return due to any cataloguing inaccuracy in these categories.
5. Signature: "Signed:" in our qualified opinion, an autograph signature by the artist; "Bears signature" (or) "Bears stamp:" in our qualified opinion, may or may not be an autograph signature by the artist or a stamp approved by the artist; "Bears spurious signature" (or) "Bears spurious stamp:" in our qualified opinion, not an autograph signature by the artist nor an approved stamp by the artist; "Complimentary signature:" in the case of prints indicates, among other things, that the object may or may not have been part of the regular edition and that the artist applied his/her signature in a complimentary manner, possibly well after the printed or issue date of the object. After an edition is printed the artist sometimes receives prints that are in fact overruns, and are obviously unsigned. In this case sometimes the signature is applied by the artist shortly before gifting, selling, or donating the work. Signatures on most fine art non-editioned posters are complimentary, understood as such, hence are not noted as complimentary in the lot description; "Signed in the matrix/stone/bronze/plate/image/negative:" in the case of multiples, the autograph signature of the artist in the matrix itself, which then becomes part of the matrix (sometimes referred to as a "printed signature" or an "inscribed signature").
6. Photogravures. There are numerous processes for producing a gravure print from a photograph, including but not limited to Photogravure, Heliogravure, Halftone Gravure, Neogravure, Rotogravure, Duotonegravure, Tritonegravure, Screengravure, Plategravure, Aquatint photogravure, Dust-grain photogravure, Sand-grain photogravure, Magnagravure (Magnavure), Photoetching, etc. Since even for experts it is sometimes difficult to distinguish between them, and the fact that "gravure" is a term of art in the French language often referring to an intaglio print such as an etching, we have chosen to catalogue all the gravure methods listed above, as well as any other related processes, whether sheet-fed, continuous roll, or hand, as Photogravures. These prints may or may not be editioned, by definition derive from a photo-mechanical process, and may come from portfolios, periodicals, publications, and the like (perhaps the most famous example being Alfred Stieglitz's "Camera Work"). They may or may not be affixed to either contemporary or modern mounts and are sometimes printed on thin paper.
PROVENANCE INFORMATION & DOCUMENTATION
Documents furnished to SA in connection with objects being offered for sale by us may be subject to confidentiality, privacy, and/or contractual statutes and concerns and may not always be available to prospective and successful bidders. There is no guarantee that any object in any lot will be accompanied by written provenance information, whether or not the lot description bears a statement of provenance. Generally, with multiples such as prints, posters, photographs, etc., provenance information is seldom encountered. Provenance information is almost always furnished to SA by the consignor, is provided in catalogue descriptions only as a matter of information, not fact, unless indicated otherwise, and SA solely assumes no responsibility for its representation and/or accuracy.
CATALOGUE AND ON-LINE IMAGES
We strive to present as accurately as possible any object pictured in our printed or on-line catalogues. Because of the different methods used by on-line auction bidding platforms to upload images, which can result in the distortion of, or addition to, a particular object, and the color differentiation and variation of various computer monitors, and other factors relating to the Internet, there are absolutely no returns due to variations between images as pictured in the on-line catalogue and the actual object itself.
Often artwork is pictured framed; the frames may be exhibition frames, not part of the purchase price of the lot. If the catalogue description indicates that the object is framed, then the frame is part of the purchase price. If no indication is given that the object is framed, then the object is being sold unframed.
From time to time we are consigned for auction multiple impressions of prints and posters which are identical in every respect except the signature (when the object is signed). During and/or after the live auction we may sell two or more of these signed impressions. If your primary interest is in the signature and not the object itself, and you would like to receive the object pictured in the auction catalogue with the signature as pictured in the auction catalogue, kindly contact us within 48 hours after the auction has concluded. If you do not, you may receive an object identical in every respect except the signature, and you agree to hold us and our consignor harmless in this instance.
Occasionally there may be a discrepancy between the image of an object in the on-line and/or printed catalogue and the catalogue text description of same. If this is the case, the catalogue text description is presumed correct, takes precedence over the image, and no returns will be accepted, or liability on SA's part incurred, due to this type of discrepancy. We urge you to contact us before your purchase if you notice a situation such as this.
From time to time you may notice that an item from a lot in a previous auction is being re-offered/re-listed. Some, but not all, of the reasons for this include a winning bidder in a previous auction not paying for the item, multiple impressions of the same item consigned to us by the same or different consignor(s), and the item being offered with a reserve and the reserve was not met. If the exact same item is being re-offered/re-listed the previously used image generally is used in the catalogue. If the lot is a multiple impression of a previously offered item then a new image is generally, but not always, used.
CONSIGNMENT
Except as noted in this paragraph, all lots in the sale are offered for the account of a third party Consignor, without any interest (direct or indirect) of the auctioneer or SA. Where SA or an affiliate of SA is the sole or partial owner of the property, there is no symbol at the end of the catalogue lot description. Where the lot is offered for the account of a third party, it is noted by the "plus" symbol (+) at the end of the description of that lot. Under no circumstance will the Consignor receive any rebate commission nor may the Consignor bid upon or buy back his own property.
On occasion, SA has a direct financial interest in lots consigned for sale, which may include guaranteeing a minimum price or making an advance to the Consignor that is secured solely by consigned property. This indicates both in cases where SA holds the financial interest on its own, and in cases where SA has financed all or a part of such interest through a third party. Such third parties generally benefit financially if a guaranteed lot is sold successfully, and may incur a loss if the sale is not successful.
In the event that you have a dispute with one of our consignors, you release SA (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
When contacting us about a possible consignment of "flat art" (paintings, prints, posters, etc.) please note that we focus almost exclusively on consignments where the artist has signed the work with an autograph signature, especially in the case of fine art prints and posters. Provenance information and applicable paperwork enhances the chance of our accepting the consignment(s).
Consignors may or may not be paid immediately upon the sale of their lots, but, assuming SA has received good funds from the buyer, in no event will they be paid later than 45 days from the date of sale of their property. In its sole discretion, SA may pay consignors for sold goods before SA receives the payment from the buyer.
In certain instances, in its sole discretion, SA may extend credit to a consignor based on the anticipated sale of the consignor's property in a forthcoming auction and/or aftersale.
All consignor information is held strictly confidential. SA's Consignment Agreement contains a contractual clause stating that SA will not divulge the name of the consignor, or any details of same, or any artwork consigned, or any financial arrangements made, etc. to any individual or entity.
AUCTION CONSIGNMENT COSTS & CONTRACTURAL ARRANGEMENTS
SA does not charge a commission to the consignor/seller on the hammer price of an item sold at its auctions. There is no charge to the seller for insurance, photography, color printing in the catalogue, buy-in fee, etc. The consignor/seller is liable only for shipping the item to SA, and in the event it goes unsold, the shipping, handling, and packing costs of sending the item back to the seller.
SA's quid pro quo for the absence of any fees charged to the consignor/seller involves contractual arrangements, including but not limited to, allowing it to control the sale of the artwork for at least one year; the ability of SA to continuously offer the artwork for sale in multiple auctions until and if sold; SA's ability to offer the artwork by private treaty in the event that it goes unsold at an auction or SA in its sole discretion determines the artwork best sold by private treaty; and other arrangements.
PRIVATE TREATY SALES
SA engages in "private treaty" sales where it does charge a commission for its services. The amount of the commission is negotiated between the consignor/seller and SA. A private treaty sale is basically the sale of an artwork by negotiation and involves buyers making offers on an artwork which either result in an offer being accepted or negotiation on the price between the buyer and seller.
Some of the advantages of selling by private treaty through SA are: the possibility of receiving a higher price due to the fact that each potential buyer does not know what the other potential buyers have offered; an extended sale period in which to reach a selling price; less pressure than selling at auction.
Some of the disadvantages of selling by private treaty through SA are: the commission that SA charges can be substantial; the selling process can take a considerable amount of time; the public competition that is generated at an auction is removed; it requires more input and involvement by the seller
BUYER FINANCING & EXTENDED PAYMENT
From time to time SA may extend credit to the buyer to enable the purchase of lots at auction and/or aftersale. Please contact us for more information.
BIDDING AT AUCTION
All prospective bidders are required to register with SA in advance of the sale, although we occasionally may approve bidders during the course of the auction itself. We may require photo identification and bank references for registration, and in all cases we require an email address. By bidding at the auction, the buyer assumes personal responsibility to pay the purchase price bid, plus the buyer's premium and any additional charges that become due and payable in connection with the purchase of property. Approval of the bidder to bid is at the discretion of SA. Approval to participate in one auction does not guarantee approval to participate in any other auction. By registering for one of our auctions or purchasing from us after-auction/aftersale you grant us permission to inform you by email, postal mail, fax, telephone, or social media of our upcoming auctions and any subsequent after auction/aftersale events.
Please note that third-party on-line bidding companies, which allow bidders to participate in our auctions on a real time basis, have varying regulations and restrictions over which we have no control. For instance, one prominent third-party on-line bidding company will accept new accounts from bidders resident in six countries only (United States, Canada, United Kingdom, Ireland, Australia, and China). This particular restriction is beyond our control. However, another prominent third-party on-line bidding company accepts new accounts from bidders resident in over 100 countries. If you experience any difficulty in creating an account with a third-party on-line bidding company, please contact us and we will be happy to give you a referral to a company that can accommodate you.
We accept floor bids, absentee (advance/left/order) bids left directly with us before or during the auction, telephone bids during the auction, and internet bids (either left with a on-line bidding platform before or during the auction or bidding live during the auction). We do not accept unlimited/buy bids. If you wish to attend the auction, please contact us for the auction location.
For absentee/advance bids to leave with us directly, you can print out the bidder's form from our website and fax, email, or mail it to us, or you can call and/or email to leave bids directly with us. If you email bids to us, in your email please ask us to confirm receipt of same. Absentee/advance bids left with us cannot be withdrawn after one hour before the beginning of the auction. If the auction date should change, all absentee/advance bids that have been left with us for that particular sale will be honored and executed on your behalf during the auction on the rescheduled date, and said bids cannot be withdrawn by you. If you have questions on absentee/advance bidding, please feel free to call or email us.
To arrange telephone bidding, please consult the absentee/telephone bid form found at our web site and then call us. All lots in our auctions, regardless of pre-sale estimate prices, are available for telephone bidding. Please note, however, that if you are approved for telephone bidding you are expected to bid at least the published starting bid/opening price (generally the reserve) of the lot(s) you have registered to bid on. A limited number of telephones are available, so please sign up for telephone bids as soon as possible before the auction.
Registered bidders, whether on the floor, telephone, absentee/advance, or bidding live via the Internet, are responsible for all bidding activity on their account.
By submitting absentee/advance bids on-line the bidder authorizes the third-party on-line bidding company to instruct SA to bid up to the maximum amount left by the bidder with the on-line bidding company. If identical absentee/advance bids are received, the earliest bid received will prevail. SA assumes no responsibility for any errors resulting from executing bids or on-line technical difficulties. Absentee/advance bids left on third-party live auctions platforms are not the same as bids left with SA directly. They are executed from a proxy computer terminal in the room against bidders on the telephone, in the room, live Internet bidders, and absentee/advance bids with the auctioneer. Tie bids may occur between live auction bidding platforms absentee/advance bidders and other bidders. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choice, generally the floor bidder or a bidder who has left a bid directly with us and not through a third party.
SA at its discretion reserves the right to refuse participation in the auction by any bidder, whether on premises, participating on-line, by telephone, or through absentee/advance bid. SA reserves the right not to accept bids via Internet bidding for lots of high value. If you intend to bid on high value lots, please contact us before the sale. Please note that registrations may or may not be approved during the course of the sale.
SA does not allow live Internet bidding from floor bidders during its auctions. People in attendance at the auction are not permitted to use computers during the auction, including but not limited to laptops, iPads, iPhones, "smart phones" or any other type of electronic device that allows access to the Internet. Any bidding by a floor bidder via any of these methods will result in the immediate cancellation of the bidder's bids, the bidder being asked to leave the rooms immediately, and the denial of future bidding with SA by any method.
Internet bidding has limitations. Technical problems may prevent Internet bids from being entered or may interrupt the live bidding process. When this happens, the system may incorrectly clerk a winning bid to an Internet bidder. The auctioneer is the sole determiner of the winning bidder. Random bidding patterns may result in a floor bidder being awarded an item at an amount that matches an Internet bidder's previously entered maximum bid price. In this instance there is no mechanism for settling this issue based on which bid was entered first. Third-party bidding platforms do not reveal bid amounts. They only relay bids one increment at a time up to the maximum proxy bid amount which could, due to the back and forth of auction bidding, match the last bid entered by a floor bidder.
Your bid/purchase is a legally binding contract. Place a bid or make an offer only if you're serious about buying the item. If you are the successful and winning bidder/buyer, whether during or after an auction, you immediately have entered into a legally binding contract to purchase the property bid on/purchased from the seller. You should contact SA to resolve any questions before bidding.
On the fall of the auctioneer's hammer, title to the offered lot will pass to the acknowledged bidder. At that time, the buyer assumes all risk of loss and damage to the property, and in addition any obligations, costs, and expenses relating to the handling, shipping, insurance, tax, and export of property. The highest bidder acknowledged by the auctioneer shall be deemed the buyer. The successful buyer is obliged to accept and pay for the lot. Ownership only passes to the buyer when full payment has been received. The buyer, however, immediately assumes all risks when the goods are knocked down to him. In case of identical bids, determination of the winning bidder shall be left to the sole discretion of SA.
SA has the right, in its absolute discretion, to determine the conduct of the sale and the after-auction/after-sale and any private sale as it sees fit. It reserves the right to advance bidding, to reject bids, to combine lots, to split lots, to re-offer and resell lots, to withdraw lots before the actual final sale, and to award disputed lots to the bidder of its choice, both during and after the auction. In any such case, the judgment of SA is final, and shall be binding upon all participants.
In the case of a written bid, the bidder commissions SA to place bids on his behalf during the auction. In cases where there is a discrepancy between lot number and title/description in a written bid, the number shall prevail. We assume no responsibility for failure to execute any such bid, or for errors or omissions made in connection with the execution of any such bid. If requested prior to the sale, we will use reasonable efforts to contact the buyer by telephone to conduct a phone bid on the day of the sale, but we assume no responsibility for errors or omissions made in connection with any such arrangement. As a convenience to buyers who cannot be present on the day of the sale, we will use reasonable efforts to execute, on a competitive basis, bids left with us via the Internet, whether by absentee/advance or a live bidding program. We assume no responsibility for failure to execute any such bid, or for errors or omissions made in connection with the execution of any such bid.
All lots may be offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. SA may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. SA may continue to bid on behalf of the seller up to but not above the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. In no case will the reserve be higher than the published pre-sale low estimate.
The pre-sale estimates provided are intended as a guide to bidding. The figures are often educated guesses, generally based on recent values. A bid between the listed figures would, in our opinion, often have a chance of success (at the time when the catalogue was prepared). The estimates are exclusive of the buyer's premium, and may be revised at any time prior to the auction. The bidder shall be the sole judge of value, whether the lot is purchased during the auction or at after-sale.
Buyers are advised that there may be additional terms and conditions governing the use of Internet bidding platforms utilized by SA including, but not limited to, those providing for additional charges and fees relating to the execution of such bids. Buyers are therefore advised to familiarize themselves with any such terms and conditions prior to utilizing any Internet bidding service.
The sale generally will be conducted in the following increments:
From $0 to $99 = $10 increment
From $100 to $499 = $25 increment
From $500 to $999 = $50 increment
From $1,000 to 2,499 = $100 increment
From $2,500 to $4,999 = $250 increment
From $5,000 to $9,999 = $500 increment
From $10,000 and above = $1,000 increment or auctioneer's discretion
AFTER-AUCTION/AFTER-SALE SALES AND PRIVATE SALES
From time to time, registered bidders and private individuals may make offers on property consigned to or owned by SA. When making an offer on passed lot from a prior auction, or on any property owned by SA or offered for sale through SA by its consignors, whether the offer is made verbally in person, or by telephone, by mail, by email, by fax, or by any other method, and that offer is accepted by SA on behalf of its consignor or on behalf of its own account, the buyer has immediately entered into a legally binding contract, as if the purchase had been made during an SA auction, and the buyer is subject to all the duties and responsibilities of a successful auction bidder. Once an offer has been made by you and accepted by the consignor, you may not withdraw the offer without the consent of the consignor.
If you are making an offer on multiple lots, please submit your offer per lot, not a single bulk purchase price for a number of lots. Please submit a "hammer price" offer, to which we will add the buyer's premium as applicable.
These T&C shall govern any private sale of property by us not made through auction, including all transactions conducted after an auction, heretofore and hereinafter referred to as after-auction, after-sale, aftersale, post-sale, private sale, private treaty purchase(s), or other similar terms, and by purchasing any object from SA you agree to be immediately bound by these T&C. These transactions may include objects not offered for sale in the immediately prior auction as well as any objects that SA has in its possession, whether consigned to SA or owned outright by SA, that SA is offering for sale. All private and after-auction/after-sale purchases are subject at SA's discretion to the respective buyer's premium, as applicable, as well as all costs related to shipping and handling.
PAYMENT
We offer a FIVE PERCENT (5%) DISCOUNT from the total invoice amount (hammer and premium) if payment is made by check or wire transfer. Upon the fall of the auctioneer's hammer, the buyer assumes all risk of loss and damage to the property, and in addition, any obligations, costs, and expenses relating to the handling, shipping, insurance, tax, export, and storage of property. Buyers are required to pay for purchases immediately following the auction unless other arrangements have been made in advance of the auction. Payments must be made in US Dollars. A buyer's premium (a surcharge that a winning bidder is required to pay in addition to the auction hammer price) of 24 1/2% on the hammer price will be paid by the purchaser on lots sold for $74,999 or less and 19 1/2% on lots sold for $75,000 or more. All purchases picked up by the buyer, or shipped by us within the state of Arizona, will be subject to state sales tax unless the buyer has provided us with a valid certificate of exemption from such tax. Purchases shipped outside of Arizona are not subject to sales tax.
We accept cash (day of sale only), money orders, cashiers checks, personal and corporate checks, wire transfers, and credit/debit cards (Visa/MasterCard only). For CREDIT/DEBIT CARD transactions, please call us and give us your details verbally; fax the details; or send card details in two separate emails or send an email with details in an attachment (for security reasons) to: info@stanfordauctioneers.com. No surcharge will be charged to the buyer for payments made via credit/debit card. We reserve the right to reject the use of credit/debit cards issued by a non-U.S.A. bank, as well as U.S.A. credit/debit cards with a non-U.S.A. billing address. Please send CHECKS to: Stanford Auctioneers, 530 East McDowell Road, Suite 107-239, Phoenix, Arizona, U.S.A. 85004. Please note that checks must be drawn on a U.S.A. bank in U.S.A. dollars. All checks, regardless of type, may be subject to a ten day hold. Returned checks are subject to a $30.00 returned check fee. For WIRE TRANSFERS please contact us for wire instructions. There is no fee charged for incoming wire transfers unless the amount wired to us is $1,000.00 or less; in this case please add $40.00 to the amount due. Please note that we DO NOT accept American Express, PayPal, Discover Card, MoneyGram, and Western Union. Electronic check or pre-established MOD (Money on Deposit) accounts are not available. Per our T&C, winning bidders must pay for their purchases immediately following the auction. Purchases over $2,500 may require payment by check, money order, cashier's check, or wire transfer. Please contact the auction house for further information.
If payment is made by the buyer with a credit/debit card (Visa or MasterCard), the buyer, by his or her acceptance of these T&C, waives his or her right to file a dispute involving a "chargeback" for the item(s) purchased using the Charge Card Association's/Visa's/MasterCard's "Reason Code 53: Not as Described or Defective Merchandise" or similar language. The buyer's sole remedy in instances where the buyer believes the item was not as described/catalogued is to follow the steps outlined under "Limited Warranty" in these T&C. Items are not returnable due to the condition of the item, as specifically outlined numerous times in these T&C. When successfully bidding on a lot(s) or purchasing from us aftersale/afterauction and using a debit/credit card to pay for the purchases, you hereby authorize us to retain the credit card information for a reasonable time period following the purchases, to facilitate later charges for shipping, further purchases, and so forth.
If after seven (7) days from the auction date, or the SA invoice date for after-auction/after-sale and private sale purchases, we have not received payment for lots purchased, we reserve the right, and you hereby grant us permission, to charge your credit/debit card on file for the payment due, which may include applicable shipping charges. If you make an offer in our aftersale, which offer is accepted by our consignor, we reserve the right to immediately charge your credit/debit card. Furthermore, by acceptance of these T&C, you agree that you will not dispute this payment with your credit/debit card issuing institution. Any charge made by SA under this provision shall be credited against all amounts owed to SA under the T&C, and shall in no way limit or restrict the exercise of SA's rights and remedies available at law or in equity with respect to payment of all other sums owed by the bidder to SA.
We reserve the right to delay delivery of any property until the clearance or collection of funds in connection with any payment and, in any event, ownership of the property shall not pass to the buyer until collection of funds has occurred. If you purchased lots during the auction via the Internet and if your invoice(s) are unpaid ten days after the auction date, we may file a dispute/non-paying bidder report with the Internet bidding platform company you used to place your bid(s), as well as other auction platform sites with which we are affiliated, in our sole discretion. If you fail to pay promptly as outlined above, we may impose Administrative Burden fees (the equivalent of collection fees) and add the total of these fees to your outstanding balance. The Administrative Burden fee also applies if you purchased lots during the sale directly with us (floor, absentee, telephone) or after the auction in our after-auction/after-sale or private sale periods.
Your successful bid is a legally binding contract. In the case of unpaid balances, we may enforce our legal rights through court action. If so, any costs incurred by SA in the preparation for court action (contact by SA with its attorneys, letter(s) from SA's attorneys to the non-paying bidder, etc.) are immediately accruable to the buyer and immediately due and payable by the buyer, even in the event that the matter does not end up in a court filing. These fees must be paid, in addition to the hammer price and premium of any lot(s) purchased, before the property is released to the buyer.
If immediately after the auction date we have not received payment for lot(s) purchased at auction, we reserve the right to cancel the sale of the lot(s) to the buyer. If after ten (10) days from the auction date we have not received payment for lot(s) purchased at auction, SA may, in its sole discretion, retroactively charge interest to the buyer from the date of the purchase(s) on the entire unpaid balance at the rate of twelve percent (12%) per annum. This amount is due and payable immediately and is added to all other outstanding balances and must be paid before any property is released to the buyer.
We may also report all outstanding unpaid balances to the buyer's applicable credit bureau(s) (Consumer Reporting Agency; Credit Reference Agency) including but not limited to the following countries, as follows:
United States: Experian, Equifax, TransUnion
United Kingdom: Experian, Equifax, Callcredit
Canada: Equifax, TransUnion, Experian
France: SCRL
Germany: Schufa, Creditreform
Australia: Veda Advantage
Mexico: Equifax, TransUnion
South Korea: KCB, KIS, NICE
Spain: Credinformacoes
Italy: Experian, CRIF, CTC
Austria: KSV
Ireland: Irish Credit Bureau
Netherlands: Equifax
Sweden: Soliditet AB, UC
Turkey: KKB
In some cases, SA may allow a winning bidder/buyer to pay a partial amount of the total amount due with a subsequent payment or payments necessary to pay the balance in full. After the initial partial payment(s), if at any time SA in its sole discretion determines that the bidder is unable or unwilling to complete the transaction by paying the balance in full, SA reserves the right to cancel/rescind the transaction and return the buyer's initial payment(s) (less any applicable fees and/or liquidated damages, up to and including the full amount of the partial payment made) to the buyer; or, SA may file suit against the buyer for non-payment; or, in the case of the purchase of multiple lots, SA, in its sole discretion, may choose which purchased lots will apply towards the partial payment(s) made and cancel the balance of the transaction. In any event, buyer shall have no recourse against SA or its consignors in these instances.
Auction lots, without exception, will be handed over only after payment has been made. Storage and dispatch are at the expense and risk of the buyer. Charges for dispatch, packing and insurance are billed separately. Unless buyer has arranged for shipping of fully paid for lots by SA, all property must be removed from SA's premises by the purchaser, at his expense, no later than fourteen (14) days following its sale, and if not so removed may accrue reasonable storage fees and/or interest at SA's discretion. If fully paid for property is not picked up, or buyer has not arranged for shipping by SA, within sixty (60) days following the auction/aftersale sale date, the property may be considered abandoned and forfeit and revert to the consignor or SA. Likewise, in the case of multiple purchases at auction and/or after-auction/after-sale or private sale, whether in previous or current auctions, whether on one invoice or several, where the buyer attempts to rescind part of the transaction, by choosing to pay for one lot(s) but not another/others, the buyer's fully paid for property may be considered abandoned and forfeit and revert to the consignor or SA, if the entire amount of the buyer's purchases are not paid for within sixty (60) days following the auction/aftersale sale date.
All property purchased by the buyer, whether at auction and/or in an after-auction/after-sale or private sale, whether in previous or current auction(s) and/or after-auction/after-sale or private sale, must be paid for in full before any of the property is released to the buyer. In the case of multiple purchases at auction and/or after-auction/after-sale or private sale, whether in previous or current auctions, whether on one invoice or several, the buyer may not rescind part of the transaction, by choosing to pay for one lot but not another. All purchases of any kind from all prior and current auctions whatsoever must be paid in full by the buyer and then all purchases will be released in full to the buyer.
The buyer is liable for acceptance of goods and for payment. In case of delayed payment the purchaser will be held responsible for all resultant damages, in particular interest and exchange losses. In such an event, SA reserves the right to annul the purchase contract without further notice, and to claim damages from the buyer for non-fulfillment. Accordingly, SA may re-auction the goods at the buyer's expense, in which case the buyer is liable for any loss incurred. The buyer shall have no claim if a higher price has been achieved. The buyer will not be permitted to bid on the re-offered lot.
In certain instances, either prior to or subsequent to a purchase, SA, in its sole discretion, may extend credit to the buyer to enable the buyer to either purchase lots, or, after a purchase, to pay for the lots.
ADMINISTRATIVE BURDEN FEES
In the event of non-payment by the successful winning bidder, whether bidding during the auction or in after-auction/after sale or private sale, in its collection efforts to secure payment in full, SA may incur necessary costs. In its sole discretion, SA may impose the following costs on the non-paying bidder:
1. Re-sending via email the buyer's initial invoice ($15.00 each time sent).
2. Sending of collection-type emails or letters ($25.00 each time sent).
3. Telephone calls to the non-paying bidder ($50.00 each phone call).
4. Filing of a dispute about the non-payment with the on-line bidding company ($25.00).
5. Lifting of the dispute with the on-line company once payment is secured ($25.00).
6. Declining the non-paying bidder from participating in future auctions ($25.00).
7. Blocking the non-paying bidder from participating in future auctions ($25.00).
8. Lifting of the decline (if applicable) once payment is secured ($25.00).
9. Lifting of the block (if applicable) once payment is secured ($25.00).
10. Posting of the non-paying bidder's name to the appropriate area of the on-line bidding company's website ($25.00 each website).
11. Filing a report with any or all credit reporting agencies, whether domestic or foreign ($50.00 each Bureau).
12. Communications to and from SA's attorneys and/or collection agency regarding non-payment:
a. Emails: $50.00 minimum each email.
b. Faxes: $50.00 minimum each fax
c. Telephone calls: $75.00 minimum each call
The above fees are due and payable on demand, and are added to the buyer's invoice. Until these fees are paid, no property will be released to the buyer. By acceptance of these T&C, buyer authorizes SA to charge immediately the buyer's credit card for the above fees as the cost(s) is (are) incurred by SA. In the event that SA sues buyer in court for non-payment of the balance due, any unpaid costs will be added to court costs, attorney's fees, etc. in the eventual judgment against the buyer.
RESCISSION OF SALE DUE TO ADVERSE CLAIM
If we become aware of an adverse claim by a third party relating to property purchased by the buyer, either prior to or subsequent to the payment and/or delivery of the lot(s) to the buyer, we may, in our discretion, immediately rescind the sale. In the case of fully paid for and delivered goods, the buyer will promptly return the property to us and we will refund the hammer price and the buyer's premium with respect to the property. This refund will represent the buyer's sole remedy against us and/or the consignor in case of a rescission of sale under this paragraph.
RESCISSION OF SALE DUE TO MISSING, DAMAGED, OR LOST LOT(S)
Occasionally we may be unable to locate certain sold lots which have been purchased during or after an auction. In addition, unknown to us, certain lots may have been damaged during the preview period. These lots may or may not have been paid for by the buyer. If we become aware that a lot or lots is missing, lost, or damaged, we may, in our discretion, immediately rescind the sale, and you agree to hold us harmless for this action. In the case of "fully paid for" missing, lost, or damaged lots, we will refund the hammer price and the buyer's premium with respect to the property to the buyer. This refund will represent the buyer's sole remedy against us and/or the consignor in case of missing or lost lots under this paragraph.
SHIPPING
SA ships both domestically and internationally at the request of its customers. While you are more than welcome to arrange for your own shipping, in most instances we can ship for you. Our experience is that might well be less expensive to ship with us rather than one of our preferred local shippers, but there is no guarantee of this in your case. Generally we ship in order of payment, so the sooner the invoice is paid, the sooner the material is shipped. Only qualifying lots qualify for in-house shipping, and generally consist of unframed flat art (paintings, prints, posters, photographs, etc.) and generally do not include sculpture, antiques (especially furniture), and other three dimensional objects, including framed paintings, prints, posters, and photographs, especially of large size. Please inquire prior to the auction date as to which lots are qualifying. If you wish to arrange your own shipping, we would be happy to provide names of local shippers. Due to the high number of lots we sell, we are unable to deliver items to your shipper; they have to pick the items up from us. We may require a written release from you prior to releasing lots to outside shippers.
We offer shipping services as a convenience to our customers. It is not a profit center for us. Our intent is to break even only. If we ship for you, buyer pays a minimum $19.50 packing charge per package regardless of the size or value of the item(s), plus our actual cost for the packing materials or $5.00, whichever is greater, plus the actual shipping cost, which, depending on your choice, may or may not include insurance on the lot(s). Please note that these three items are charged in every case regardless of the hammer price of the lot, so please keep this in mind when bidding on lower price estimated lots. If you purchase multiple lots in the auction and/or at after-auction/after-sale or private sale, we combine the lots for shipping purposes, charging only one packing and materials fee per package, and shipping at actual cost. However, if you purchase multiple lots and we are unable to pack all of your items in one package, we may change an additional $19.50 for packing and $5.00 for materials for EACH package. Generally sculptures are shipped in individual packages; rarely do we ship two sculptures in one package.
If we are shipping for you and you pay by credit card, we generally charge your credit card initially for the purchase price of the lot(s) (hammer price plus buyers premium) and then for the shipping when the final costs have been determined. If you pay by credit card, we may require that the shipment be made to the credit card billing address. In the event that SA ships internationally for the buyer, and encounters particularly burdensome, time consuming, or onerous customs forms, SA may charge a minimum $25.00 fee for completion of said forms. You are responsible for all duties, customs fees, and taxes.
We ship via United Parcel Service (UPS) and United States Postal Service (USPS) for domestic shipments and UPS/USPS/DHL for international shipments. Under no circumstances do we ship via FedEx, either domestically or internationally, even using your own FedEx account number. If you wish to ship FedEx, you MUST use an outside shipper. When shipping via UPS we require a signature upon delivery, unless advised in writing by you that no signature is necessary. Please note that UPS may charge us additional fees after a shipment has been initiated and we have quoted and charged you for shipping costs (e.g. a re-routing/delivery change request fee initiated by you to deliver to a different address). These fees are passed along to you, and you hereby authorize us to charge your credit card for these charges. We are unable to accept your UPS account number to ship for you. If you wish to use your UPS number, you must use an outside shipper.
While many purchases will be shipped within several days after each auction, please note we are a traditional auction house, do not have the staff to ship as quickly as, say, Amazon, and generally offer over 600 lots per auction. So, if you wish us to ship for you please allow us at least 10 to 15 working days from the DATE OF CLEARED PAYMENT for your item(s) to LEAVE our location. If you prefer to receive your auction items and/or aftersale purchases on a timelier basis, or to organize shipping for lots that do not qualify for in-house shipping, please contact us for a list of local shipping agents. Any shipping services provided or arranged by us are at the buyer's sole risk and expense; we assume no responsibility for any errors or omissions in connection with any such service and/or our referral to outside shippers, who are solely responsible for their own performance. Purchases shipped out of state are exempt from sales tax.
It is incumbent upon the winning bidder to contact us regarding shipping of items. It is not the responsibility of SA to contact the winning bidder regarding shipping. Once we have shipped your material, or it is picked up by your outside shipper, we assume no responsibility for the shipment's arrival at its destination or its condition on arrival. We suggest you purchase insurance if available to cover any missing or damaged goods. If an insurance claim becomes necessary the bidder/receiver is responsible for the follow-up with the shipping company. We are unable to provide any assistance beyond providing you with the shipment date and tracking number if applicable.
Please note that Mexican masks and Mexican sculpture may be shipped from our Mexico City office. Depending on where you are located, you may incur lower or higher shipping costs than if the shipment was initiated from our Phoenix office. Please inquire before you bid if you have any questions on the shipment of Mexican material.
Our policy is to ship material with a signature required on delivery. Your signature then becomes proof of delivery for all items purchased by you and included by us in the shipment, and buyer has no recourse against SA for supposed missing and/or damaged items, whether or not we include a packing list with the shipment, and whether or not we indicate in any communication (such as email) what material is in the package. We are happy to refer you to an outside shipper who may have different shipping policies than we do. You are not required to ship your purchased material through SA.
RELEASE OF AUCTION LOTS
SA endeavors to release, on a timely basis, fully paid for lots to the buyer and/or the buyer's agent. Lots paid for with what SA considers cleared funds will be released and can be picked up on the day of the auction. Release of fully paid for lots after the auction, and for aftersale purchases, is dependant upon the quantity and variety of lots purchased by the buyer, the number of lots offered in the particular auction, demands of a particular holiday season, and SA's current staffing concerns, as well as other factors. SA strives to release property within a reasonable time period, and most lots will be available for pickup within ten business days from date of purchase.
LIMITED WARRANTY
All property sold by SA by any method of sale is sold AS IS, WHERE IS, under Caveat Emptor, and SA and its consignors make no guarantees, warranties, or representations, express or implied, with respect to the property or the correctness of the catalogue or other description(s) or the authenticity of ownership, physical condition, size, quality, rarity, importance, provenance, exhibition history, literature, or historical relevance of the property, or otherwise. However, the present auction IS NOT an "absolute auction" where property is sold to the bidder without limitations and/or contingencies.
Notwithstanding the above, we do warrant the authenticity of each lot catalogued in our auctions under the terms and conditions set forth below.
Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by SA prior to the sale):
(a) With respect to autographed material (letters, historic documents, literary and musical manuscripts, and inscribed books), we warrant without time limit the authenticity of each lot catalogued herein; (b) With respect to books, maps and atlases, any print, poster, drawing, painting, gouache, watercolor, photograph, sculpture, ceramic, or antique, and any other works not included in (a) above, unless physical inspection would reveal self-evident lack of authenticity, we warrant, subject but not limited to the Cataloguing Practices paragraph above, for a period of sixty (60) days from the date of the sale, the authenticity of each lot catalogued herein.
Except as noted above, or unless otherwise indicated in the respective catalogue description, we warrant for a period of thirty (30) days from the date of sale to the original buyer of record, that each book or manuscript is complete in text and illustration and generally is in physical condition as may be reasonably expected considering the age and provenance. This warranty does not cover damages to binding, stains or foxing, wormholes, short leaves of text or plates or any defect not affecting the completeness of the text. Moreover, this warranty does not cover the lack of inserted advertisements, blank leaves, cancels, or subsequently published volumes.
Serial publications, books in original parts, extra-illustrated books, made up "albums," and lots described as sold "as is, where is," "sold not subject to return," "not collated," "collection of" or "group of," and any lot containing more than three (3) items, are sold "as is, where is" and therefore not covered by these warranties. Books, manuscripts, prints, paintings, posters, drawings, photographs, signatures, or any other property offered in a lot comprising more than three (3) items, whether or not such items are individually named, constitute "Grouped Lots." Such "Grouped Lots" are not subject to return for any reason.
The benefits of these warranties are not assignable and are applicable: (a) only to the original buyer of the lot; (b) only when the property has been fully paid for; (c) only when the original buyer of the lot makes full payment within seven calendar days of the date of sale; (d) only when the buyer notifies SA in writing within sixty (60) days of the date of sale by registered USPS mail at SA's address of record of buyer's challenge of the authenticity of the item (email and verbal communications do not suffice); and (e) are conditioned on the buyer returning the work in the same condition in which it was received at time of sale and in the time period specified. The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item (hammer price and buyer's premium only, not to include shipping, customs duties, framing, expert opinions, or any other ancillary costs), and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. With respect to autographed material or any book, portfolio, map, atlas, print, poster, drawing, painting, gouache, watercolor, photograph, sculpture, ceramic, antique, or any other object offered for sale, in the event that a buyer claims that an item is not authentic, SA shall have no obligation to rescind the sale until the following have been complied with and completed:
1. The buyer has obtained, at the buyer's sole expense, the written opinions of two independent, recognized experts in the field, who are mutually agreeable to SA and the buyer, that a lot or portion thereof is not authentic. Verbal opinions are not accepted. The written opinion must be in the English language. If the initial written opinion is in a language other than English, an original certified translation into English of the document must accompany the opinion. Two opinions are necessary: while we respect the activities and opinions of experts, authors of monographs and/or catalogues raisonnes on the artist's work, authentication boards, foundations, trusts, spouses, and descendants of the artist's work in question, their opinion(s) may be mistaken and may be clouded or guided by other agendas.
2. SA, in its discretion, may require that the experts personally examine the object in question and not rely solely on images of the object provided to the experts via email, postal mail, CD-ROM, etc.
3. In their written opinions, the experts must give a detailed rationale as to why they believe the object to be not authentic. The opinion must be addressed personally to SA at its posted place of business, be written on the expert's letterhead, and include the expert's full name, mailing address, telephone number, fax number if any, email address, website address if any, the date the opinion was rendered, and the fact that the object was personally inspected by the expert. The opinion letter must be signed by the expert with an original, autograph signature. If the expert is not self-employed and is employed by an entity such as a foundation, corporation, etc., the expert must submit the opinion on the entities' letterhead, with a statement as to whether the opinion expressed is that of the entity, the expert, or both.
4. SA may contact the experts directly and, in its sole discretion, make contact through mail, email, and/or telephone. Refusal by the expert to communicate by the means of SA's choosing may render the expert's opinion invalid. SA may require supporting detail, sources, references, certificates and/or letters of authenticity, sales records, written testimony, provenance, and the like, in addition to the experts' personal opinions and rationale.
5. The experts must provide to SA a detailed listing of their qualifications in their field and explain how and why they are qualified to give an expert opinion on the object. The experts must disclose to SA any existing relationships with the buyer, which may include personal relationships, business relationships, etc. The experts must state in their opinion that they have read the applicable sections of these T&C pertaining to their examination of the object(s), including but not limited to Description and Condition of Lots, Cataloguing Practices, Provenance Documentation, and Limited Warranty.
6. Original copies of the experts opinions, with original autograph signatures of the experts affixed thereto, must be provided to SA. We do not hold the expert(s) harmless and reserve the right to seek recourse against the expert(s) in the case of collusion and related instances.
7. The physical object in question must be returned to SA in its original sale condition, as sold to the buyer, before the rescission is completed.
8. The process outlined above in paragraphs one through seven (1-7) must be completed and the documents submitted to SA by the buyer within sixty (60) days of buyer's notification to SA of buyer's challenge to the authenticity of the object, or the Warranty is voided.
9. Buyer and experts agree to allow SA the use of the experts' authentication material when and if SA approaches the consignor to recover funds from the transaction(s) that have been authenticated. Buyer and experts agree to hold SA harmless from the use of the material in any attempts to recover funds from the consignor to deliver to buyer.
In its sole discretion, SA may require the buyer to sign a release form before disbursement of any funds to the buyer. This form may include certain confidentiality provisions. Failure of the buyer to sign this release may result in cancellation of any refund previously intended for the buyer.
If the object has been adjudged inauthentic, SA will make a claim for restitution on behalf of the buyer against the consignor within a period of ninety (90) days, running from date the object was adjudged inauthentic. If SA is successful in recovering the funds from the consignor, which were paid to the consignor for the purchased goods, SA will immediately refund these funds, to equal the hammer price plus premium, to the buyer. If SA is unsuccessful in recovering these said funds from the consignor, SA will pay these funds out of pocket to the buyer within a period of ninety (90) days, running from the date that SA was unsuccessful in recovering the funds from the consignor.
In every case, the object in question is presumed authentic as catalogued unless and until proven otherwise through the above described mechanism. The absence of the object from any monograph and/or catalogue raisonne of the artist's work is not prima facie proof that the object is not authentic.
Notwithstanding the above, in the case of a justified claim (determined in our sole discretion, subject to change), however, we will accept the responsibility, without legal obligation, to make a claim for restitution on behalf of the buyer against the consignor within a period of ninety (90) days, running from the fall of the hammer or the invoice date, whichever is earlier. SA in its sole discretion may extend this time period. If SA is successful in recovering the funds from the consignor, which were paid to the consignor for the purchased goods, then there is a successful claim, and SA will refund the hammer price plus premium to the buyer.
Any ability of the buyer to acquire, before, during, or after the fact of purchase, same, like-kind, or similar objects to those purchased through SA at a price lower than the SA purchase price DOES NOT constitute a justified claim.
SA may in its sole discretion allow the return of purchased property. If it chooses to do so, the returned property is subject to a re-stocking fee equal to 20% of the total amount paid for the property, or $100.00, whichever is greater. This amount will be deducted from the amount paid to the buyer, which amount will be paid in a timely manner.
INTELLECTUAL PROPERTY
All materials including, but not limited to, content, images, photographs, data and intellectual property in all past, present, and future printed and on-line catalogues published by SA may be protected by digital watermark technology and are the property of SA and/or the copyright holder(s) of images. The copying or duplicating of any item in these catalogues including, but not limited to, images or data is strictly prohibited and violators will be pursued and prosecuted to the full extent of state, federal and international law including, but not limited to, the Digital Millennium Copyright Act.
SA grants a limited license to access and make personal use of these catalogues. Such license does not permit the downloading or modification of these catalogues or their contents, or any portion of an individual catalogue or its content, without the express written consent of SA. This license does not permit the resale or commercial use of these catalogues or their contents; the collection and use of product listings, descriptions, or prices; derivative use of these catalogues or their contents; downloading or copying of information for the benefit of another merchant; data mining, robots, or similar data gathering and extraction tools. These catalogues or any portion of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SA. Framing techniques to enclose trademarks, logos, or other proprietary information (including images, text, page layout, or form) of SA is also not permitted without express written consent. Any unauthorized use terminates the permission or license granted by SA.
Notwithstanding the above, SA has the right to use, in its catalogues and in advertising and promotional materials, images (including photographic images) of items being sold or that have been sold in its auctions, including all images of items which have been purchased through SA, whether by auction, after-auction/after-sale, or private sale.
By acceptance of our T&C, you acknowledge that you have read and will at all times comply with SA's Intellectual Property section.
PRIVACY
Any information you provide to us, and your use of information available on our website, is governed by our Privacy Policy. Any information you provide to the "Platforms" (External Service Providers/ Third Party Websites) that you choose to bid with or other third parties is governed by their respective privacy policies. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the Stanford Auctioneers Privacy Policy. We consider protection of our users' privacy as a high priority. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide. We use third parties to verify and certify our privacy security methods. For a complete description of how we use and protect your personal information, please review the Stanford Auctioneers Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.
Stanford Auctioneers Privacy Policy
Our Commitment to Privacy
Stanford Auctioneers is committed to maintaining user privacy on the Stanford Auctioneers Online Website, accessed via any website, application, service, or tool, regardless of how you access or use them, including through mobile devices. This Privacy Policy explains how Stanford Auctioneers collects and uses nformation, in connection with your use of our website and our services, and explains your choices for how we handle your personal information.
By creating an account, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree to its terms and conditions, you should not use or access our website. By accepting the Privacy Policy, you expressly consent to our use and disclosure of your personal data in accordance with the Policy. The Privacy Policy is incorporated into and subject to the terms of any agreement you sign with us and becomes applicable upon our acceptance of you as a registered user. If you have any additional questions about our Privacy Policy, please feel free to contact us at info@stanfordauctioneers.com
For the purposes of this Privacy Policy, the term "personal data" means any information that identifies you or which allows you to be identified when combined with other information.
Table of Contents:
1. Personal Data We Collect
2. How We Use Your Personal Data
3. When We Share Your Personal Data
4. How You Can Access, Manage, or Correct Your Personal Data
5. Your Legal Rights
6. Data Security
7. Data Retention
8. International Transfers
9. Changes to this Privacy Policy
10. Use of Our Online Platform by Children
11. Contact
Personal Data We Collect
If you choose to use our services, we may require collect, use, store, and transfer various categories of personal data about you.
Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.
Data You Give Us
When you use our website, you may provide personal data through direct interactions, such as completing forms.
• Account Data includes email address, username, and password.
• Profile Data includes first name, last name, address, and phone number.
• Financial Data includes credit card information used for PayPal, a third party payment processor that processes payments on our website. In performing its services, PayPal acts as both data controllers and data processors of your personal data. For any data processing operations where PayPal acts as a data controller, PayPal's Privacy Policy applies
• Email Preference Data includes your preferences in receiving marketing from us.
• Communication Data includes personal correspondence sent via emails, letters, or messages sent through our website, including feedback and survey responses.
Data We Collect Automatically
When you use our website, we may automatically collect data about your usage and your device so we can better understand, protect, and improve our service for you and our community. We collect this personal data by using cookies, web beacons, unique identifiers, and other similar technologies.
• Usage Data includes data about your activities on our website such as clicks, orders, searches, wishlist, and browsing actions and patterns.
• Technical Data includes internet protocol (IP) address, location information, your login data, browser type and version, device type and model, device identifiers, app errors, and debugging info.
• Transactional Data includes records of transactions and payments related to items you purchase through our website.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any sensitive data about you, including race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health, sex life, or sexual orientation. We also do not collect data about criminal convictions or offenses.
Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.
How We Use Your Personal Data
We may use your personal data for the following purposes:
• To fulfill contracts with you and facilitate the services you personally request
• To provide you customer support via various channels, including email, phone, and live chat
• To improve our content, layout, and product offerings
• To show you suggestions and targeted advertisements, including on other websites, based on your activities on our website
• To measure consumer interest in our products and services
• To inform you about online and offline offers, products, services, and updates, including sending to you announcement and newsletter emails regarding Stanford Auctioneers' upcoming and prior auctions and purchase/bidding opportunities therein.
• To solicit feedback about your experience using our service
• To invoice you and collect money owed to us by you
• To resolve disputes
• To troubleshoot problems
• To detect and protect us against error, fraud, and other like activity
• To enforce compliance with our Terms & Conditions and applicable agreements, and to protect the rights and safety of our consignors and third parties, as well as our own
• To comply with our legal obligations, including keeping records, and comply with any duties in the context of investigations by competent authorities
When We Share Your Personal Data
When Using Services Provided by Third Parties
When using your personal data we may have to share your personal data with third parties. These services include:
• Payment processor PayPal to ensure safe payments when you buy items on our website and choose to pay via the Stanford Auctioneers payment system.
• Email service providers and push notification tools who support us in sending transactional and marketing or promotional messages.
• Service providers who provide customer service and sales support tools.
• Service providers who assist us in securing our website against fraud.
• Analytics partners who allow us to analyze our website usage so that we may make it easier, safer, and quicker to use.
• Advertising partners to inform you about products and services on third party sites.
We require third parties acting as data processors to respect the security of your personal data and to treat it in compliance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
When Legally Required
We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Business Transfers
We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
How You Can Access, Manage, and Correct Your Personal Data
You can update the personal data associated with your account by visiting your Account Settings. You may also control the receipt of certain types of communications from Stanford Auctioneers in Account Settings. Some of these messages, such as transactional messages or legal notices, are required. To delete or request a downloadable copy of your personal data from Stanford Auctioneers, contact us at info@stanfordauctioneers.com We may retain certain data as required by law or as necessary for our legitimate business purposes.
For EU Individuals - Your Legal Rights Under GDPR
You have the following rights under data privacy laws with respect to your personal data:
• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Request to restrict processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
To exercise any of your rights, refer to the section "How You Can Access, Manage, and Correct Your Personal Data" in the Privacy Policy or contact us at info@stanfordauctioneers.com. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.
For California Residents - Your Legal Rights under CCPA
Under the California Consumer Privacy Act of 2018, California residents may request Stanford Auctioneers disclose the following information related to their account:
• The categories of personal information we have collected.
• The categories of sources from which the personal information is collected.
• The business or commercial purpose for collecting or selling personal information.
• The categories of third parties with whom the business shares personal information.
• The specific pieces of personal information it has collected about that consumer.
Additionally, California residents may request Stanford Auctioneers delete their personal data by emailing info@stanfordauctioneers.com. Stanford Auctioneers will verify the request and will delete data that is not subject to exemptions as defined by the law.
No sale of personal information. In the twelve months prior to the effective date of this Disclosure, Stanford Auctioneers has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.
No Discrimination. Stanford Auctioneers will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.
Data Security
The security of your personal data is important to us. We use industry-standard technical and organizational practices and procedures to protect your personal data from unauthorized or unlawful processing, accidental loss, and destruction or damage. Additionally, we limit access to your personal data to employees and third parties who have a business need to know.
Data Retention
We will retain your data as long as your account is active, as necessary to provide you services. We will also retain and use this data as necessary for the purposes set out in this Privacy Policy and to the extent necessary to comply with our legal obligation, resolve disputes, and enforce our agreements and protect Stanford Auctioneers' legal rights.
We also collect and maintain aggregated, anonymized, or pseudonymized data which we may retain indefinitely to protect the safety and security of our website, improve our Services, or comply with legal obligations.
International Transfers
Stanford Auctioneers is headquarted in the United States and may have affiliates and service providers in other countries. Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in your jurisdiction. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this Policy.
References to "personal data" in this Privacy Policy are equivalent to "personal data" governed by European Union data protection legislation. We use the following safeguards if Stanford Auctioneers transfers personal information originating from the European Union to other countries not deemed adequate under applicable data protection law:
Privacy Shield Frameworks for Data Transferred to the United States from the EU/Switzerland
Stanford Auctioneers complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (including Iceland, Liechtenstein, and Norway), the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield. Stanford Auctioneers certifies that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program please visit https://www.privacyshield.gov/.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Stanford Auctioneers is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to info@stanfordauctioneers.com. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to info@stanfordauctioneers.com.
Stanford Auctioneers' accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Stanford Auctioneers remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Stanford Auctioneers proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Stanford Auctioneers at info@stanfordauctioneers.com.
Stanford Auctioneers has further committed to refer unresolved Privacy Shield complaints to the Better Business Bureau, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. The services of the Better Business Bureau are provided at no cost to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy you will be notified via email, if you have an account where we have your contact information, or another manner through the Service that we believe reasonably likely to reach you, which may include posting a new privacy policy on our website or a specific announcement on this page..
Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.
Use of Our Website by Children
Our Online Platform is not intended for children (persons under the age of 18) and we do not knowingly collect data about children. We ask that children do not submit any personal data. If you are under the age of 18, you may only use this website in conjunction with and under the supervision of parents or guardians.
Contact
If you have a question or complaint about this Privacy Policy, or if you would like to access, correct, amend, or delete any personal data, you can contact us at info@stanfordauctioneers.com or by post to:
Stanford Auctioneers
530 E. McDowell Rd.
#107-239
Phoenix, Arizona 85004
DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to article 201.38 of the Interim Regulation, SA's registered agent is as follows: Legal Name and Address: Stanford Auctioneers, 530 E. McDowell Road, #107-239, Phoenix, Arizona, 85004 USA; Names doing business under: Stanford Auctioneers; Designated Agent: Joseph Stanford; Address of agent: Stanford Auctioneers, 530 E. McDowell Road, #107-239, Phoenix, Arizona, 85004 USA; Email for notice: info@stanfordauctioneers.com. This information is provided to help owners of intellectual property report potentially infringing items in SA catalogues, under the notice requirements of the Digital Millennium Copyright Act.
COPYRIGHT NOTICE
The entire contents of SA's website, and all of SA publications in any format, including but not limited to these T&C, are copyright ©2019 Stanford Auctioneers, the copyright including, but not limited to, print media, electronic media, microfiche, microfilm, CD-ROM, computer data storage, text, images, trademarks, data, audio files, video files and clips, software, documentation, descriptions of auction lots, and Internet formats (collectively, the "Materials"). The Materials are proprietary to SA or its licensors. SA retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, SA. All rights reserved, including the right of reproduction in whole or in part in any form.
All rights to any and all publications of SA and its website will be vigorously defended.
All images contained in SA's written or on-line catalogues or in any other publication by us in whatever form, including our website, shall remain the property of their respective owners, and the buyer of any object from SA shall have no right of ownership, use, or reproduction of any such material by virtue of any purchase of property or otherwise.
You are not permitted to distribute, modify, transmit, reuse, repost, or use any text or graphic material from any publication of SA or from its website for public or commercial purposes, without the prior written permission of SA. This especially includes, but is not limited to, art price and art data reporting companies and their respective on-line Internet databases, whether for-profit or non-profit, as well as on-line Internet art information and art reference sites.
No part of any of SA's publications in any format or its website may be reproduced, transmitted or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, typing, or by any information and storage retrieval system or otherwise - without the prior written permission of SA.
SA's publications in any format and its website are creative works fully protected by all applicable copyright laws, as well as by misappropriation, trade secret, unfair competition, and other applicable laws. The authors and editors of SA's publications and its website have added value to the underlying factual material therein through one or more of the following: unique and original selection, compilation, coordination, expression, arrangement, classification of the information, totality of information, and other contributions, without limitation.
You should assume that everything you see or read in any catalogue or publication of SA and its website is copyrighted unless otherwise noted and may not be used without the prior written permission of the copyright holder.
ERRORS AND OMISSIONS
SA is not responsible for typographical errors or omissions.
LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR AUCTIONS, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED TO OR RECEIVED BY YOU IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
FUTURE TERMS
SA may change, add or remove any part of its T&C at any time. If it does so, SA will post such changes on its website. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE BIDDING AT OUR AUCTIONS OR BUYING FROM US AFTER-AUCTION/AFTER-SALE OR BY PRIVATE SALE. YOUR CONTINUED USE OF OUR SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THE T&C, AND OF ANY SUCH CHANGES.
GENERAL
(a) Stanford Auctioneers' mailing address is 530 E. McDowell Road, #107-239, Phoenix, Arizona 85004 USA; Email: info@stanfordauctioneers.com; website: www dot stanfordauctioneers dot com. Our public office hours are Monday through Friday, 11:00am to 3:00pm, Phoenix time. We are closed weekends and holidays. (b) If any provision of these T&C is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this. (c) Headings are for reference purposes only and do not limit the scope or extent of such section. (d) Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these T&C. (e) We may amend the T&C at any time by posting the amended terms on our website. These T&C sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
GOVERNING LAW
By making a bid, either verbally in the auction, or by telephone, or written by letter, or fax, or email, or via the Internet, or making a bid or offer in an after-auction/after-sale or private sale, the bidder confirms that he has taken notice of these T&C by auction, after-auction/after-sale, and private sale and accepts them. Agents who act on behalf of a third party are jointly and separately liable for the fulfillment of this contract on behalf of their principals. These conditions of sale will also apply to all purchases made out of this catalogue, past sale catalogues, or non-catalogued goods, after the regular sale. The rights and obligations of the parties shall be governed by the laws of the State of Arizona. All bidders and the purchaser submit to the personal jurisdiction of the Arizona State courts and their rules and procedures in case of any dispute.
NOTICES
Except as explicitly stated otherwise, legal notices shall be served on SA's registered agent.
JURISDICTION
The place of fulfillment and jurisdiction is Phoenix, Maricopa County, Arizona, United States of America.
[June 1, 2020]
