Auction Terms & Conditions
Thank you for your interest in becoming a bidder on Celebrity Vault Gallery, live auction site. We strive to conduct a safe and fun auction that offers outstanding value and opportunity for modern art and photography. The description provided of the Lot shall not be construed as an appraisal. Bidder may inspect the item (or items) up to 24 hours prior to the auction date provided they make an appointment by phone or e-mail at klaus@emerican.com or by phone at (858)205-4950. All Lots are sold "AS IS, WHERE IS".
Conditions of Sale:
Before bidding online for a Celebrity Vault Gallery auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with Celebrity Vault Gallery.
Any information supplied by any employee or agent of Celebrity Vault Gallery in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at Celebrity Vault Gallery.
Celebrity Vault Gallery provides no guarantees or warranties, expressed or implied, statutory or otherwise, of any nature whatsoever in respect of the lots offered at any Celebrity Vault Gallery. Each and every lot at every Celebrity Vault Gallery is sold "as is, "where is". There are no guarantees whatsoever." Bidders are strongly encouraged to inspect or ask questions regarding the lots before placing bids. Feel free to call or email for further description beyond what is posted online. We welcome onsite inspections (please call for a private appointment). WE MAKE EVERY EFFORT TO VERIFY AND INSPECT EVERY ITEM WE SELL. IN THE EVENT YOU FIND AN ITEM IS MISREPRESENTED, WE WILL MAKE EVERY EFFORT TO RESOLVE THE ISSUE TO THE CUSTOMERS SATISFACTION.
Paypal or Wire transfer is accepted payment methods for International Bidders. Credit cards may be used at the discretion of Celebrity Vault Gallery. on a case by case basis.
FOR US SALES ONLY: Cash, Visa, MasterCard, Discover, PayPal, Check or Wire Transfer. Payment by Cashier's check is acceptable, however we will treat this as a check and wait the appropriate time to assure the check has cleared the bank and is not a fraudulent check.
All transactions over $5,000 must be paid by wire transfer without prior approval. Payment without a credit card must be approved prior to auction. All items paid by Check, or Cashier Check will be held until the check has cleared to the satisfaction of Celebrity Vault Gallery., and its bank. California residents pay 7.50% sales tax unless merchandise is for resale and a valid California resale certificate is on file with our office prior to bidding.
Winning bidders will be emailed an invoice within 24 hours after the auction. If you do not receive an invoice via email it is your responsibility to contact us at (805)496-2299 or email klaus@emerican.com.
The final sales price for Property sold at auction shall consist of the following: winning bid price, buyer's premium, and costs of shipping to the buyer (if any), shipping insurance, any artists' rights royalty, and sales taxes, if applicable.
Bidding Increments
Unless otherwise indicated by the auctioneer, the following bid increments will be used:
Range Bidding Amount
$0 - 49 $5.00
$50 - $199 $20.00
$200 - $499 $25.00
$500 - $999 $50.00
$1,000 - $4,999 $100.00
$5,000 - and above $150.00
Bidding increments can be changed without prior notice by the auctioneer.
Shipping Instructions
Items will be shipped within 7 business days of payment, however we strive to ship within 48 hours. Most domestic packages are sent USPS Priority Mail unless noted in the description of the item. Packages valued under $50 are sent uninsured but with delivery confirmation, packages valued at $50 or more will be charged and require a direct signature confirmation. Shipping and insurance are charged at the USPS published rates. In the event that a package is lost by USPS, there will be a claim filed and all monies will be refunded once Celebrity Vault Gallery have been paid. All international shipments will be sent by USPS Priority or Express Mail, FedEx or DHL, at the seller's discretion. All import duty (VAT) taxes are the responsibility of the buyer.
Special Instructions
By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. Most of the items in this sale are subject to a reserve. The reserve is a confidential price agreed upon by the seller and auctioneer below which the item will not be sold. Celebrity Vault Gallery reserves the right to withdraw or pass any lot before, during or after the auction.
The highest bidder acknowledged (and sold) by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid and in the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser. Bidder will be the sole judge of value, absolutely no refunds. Lots with reserves will be passed (or bids placed not meeting the seller's reserve) during the auction if the reserve is not met by a bidder either through an absentee or live bid.
Right to refuse bid
Auctioneer reserves the right to reject any bid. The highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder, either before, during or after an auction concludes.
The Auctioneer's decision to refuse any bid, advance the bidding in any manner, withdraw a lot, determine a successful bidder, continue the bidding, to cancel a sale and re-offer and resell an item in dispute, is conclusive, absolute and final.
Reserves
Most of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price, below which the lot will not be sold, and is agreed upon by the consignor and Celebrity Vault Gallery. Celebrity Vault Gallery reserves the right to bid on any lot below the reserve as long as the bid is not above the reserve. Celebrity Vault Gallery may open the bidding on any lot below the reserve to start the bidding process.
Technical Difficulties
If Property is not sold prior to the technical problem arising, the Property will be offered for sale at a later point in time that we will determine and specify on our website at www.celebrityvault.com or on any other website we operate [one week in advance] of the date the Property will be re-offered for sale at auction.
All winning (that meet or exceed the minimum reserve) bids that were made before the arising of the technical problems shall remain valid.
By submitting your bid, you agree that you have read and agree with the special terms and conditions.
Indemnification
You agree to indemnify, defend and hold harmless Celebrity Vault Gallery and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Online Bidding Services or the www.celebrityvault.com web site or your breach of this Agreement.
All property is sold "AS IS WHERE IS" with all faults, and neither Celebrity Vault Gallery nor the Consignor makes any representation or warranty, expressed or implied, as to the merchantability, fitness, or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property. By bidding, you agree to these Conditions of Sale.
No reference to imperfections is made in the catalog descriptions or verbally by the Auctioneers. Since all sales are final and Celebrity Vault Gallery makes no refunds, please verify our descriptions and carefully view the property at a preview before you bid.
Contract:
Before bidding online or by proxy at a Celebrity Vault Gallery auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with Celebrity Vault Gallery.
Any information supplied by any employee or agent of Celebrity Vault Gallery, in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at Celebrity Vault Gallery' auctions.
Shipping:
Customers are responsible for the cost of shipping items. If Celebrity Vault Gallery, should be prevented by fire, theft or any reason whatsoever from delivering any property to the purchaser, we are only liable to return the sum made by the purchaser.
Premium:
Premium of 18.% (13% Buyer's Premium + 5% online Fee) of the successful bid price will be added to the bid prices and is payable by the buyer as part of the total purchase price.
Taxes:
9.5% percent sales tax to all California bidders
Condition:
No reference to imperfections is made in the catalog descriptions or verbally by the Auctioneers. Since all sales are final and Celebrity Vault Gallery. makes no refunds, please verify our descriptions and carefully view the property at a preview before you bid. No employee of Celebrity Vault Gallery is authorized to make on our behalf, or that of the Consignor, any representation or warranty, oral or written with respect to any property. Before bidding online or by proxy at a Celebrity Vault Gallery auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with Celebrity Vault Gallery.
Any information supplied by any employee or agent of Celebrity Vault Gallery, in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at Celebrity Vault Gallery's auctions.
Binding Arbitration
Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, by and between Celebrity Vault Gallery and the Bidder, their successors, assigns, officers, shareholders and directors, shall be settled by final and binding arbitration administered by the American Arbitration Association ("AAA"), under its Commercial Arbitration Rules, in effect as of the time of filing the arbitration, with a single arbitrator. The AAA arbitrator selected shall be experienced in business/law. The arbitration shall take place in Los Angeles, Ca, and using California State law for agreements entered into and to be performed therein, without reference to the law of any other jurisdiction for any perceived conflict of law. The arbitrator shall have discretion to award legal fees and costs to the prevailing party. Judgment on the award rendered by the AAA arbitrator may be entered in any court having jurisdiction thereof.
