Terms & Conditions
Helmuth Stone Gallery Terms & Conditions
Terms and Condition Bullet Points
* All items are sold as-is where-is and no guarantees are made of any kind.
* All sales are final; no refunds will be given under any circumstances.
* By registering to bid and/or placing a bid you are agreeing to all terms and conditions stated below.
1) Helmuth Stone Gallery Agreement:
By registering to bid for this auction either in-house or online and/or placing a bid in this auction the BIDDER/BUYER agrees to all the terms and conditions stated below and by doing so constitutes a binding contract between Helmuth Stone Gallery and the bidder/buyer.
2) Terms:
All items are sold "AS-IS, WHERE-IS." Helmuth Stone Gallery makes no guarantee, warranty or representation expressed or implied as to the quantity, kind, size, quality, weight, or description of any of the property or its fitness for any use or purpose whatsoever. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. In addition to descriptive information, each item in the catalog sometimes includes a price range which reflects opinion as to the price expected at auction. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer's premium or FL sales tax.
* Any property purchased by credit/debit card, wire transfer, or check shall not be refundable, returnable, or exchangeable, and that no credit to buyer's account will be issued under any circumstances. The last sentence constitutes Helmuth Stone Gallery official policy regarding returns, refunds, and exchanges where credit or debit cards are used.
3) Payment:
All major credit/debit cards, wire transfers, cashier's and personal checks, and PayPal will be accepted during and after the sale. All lot(s) paid for by check will be held for 3 business for check to clear, any invoices paid for by a bad check will incur a $40 charge to be added to the invoice. Payments must be completed by 5:00 PM ET within 8 business days following the auction or the bidder will have a dispute placed against them.
* Invoices totaling over $5,000 will have to be paid via wire transfer or check, if payment is made via Credit Card/Debit Card there will be an additional 2.5% surcharge added.
* Buyer's Premium: Helmuth Stone Gallery has a 20% in-house buyer's premium added to the hammer price of all sold items. Online bidders have a 23% buyer's premium added to the hammer price of all sold items.
* Buyer is/are responsible for the removal of all your purchases. Helmuth Stone Gallery does not deliver.
4) Tax:
Florida State sales tax (7%) will be applied to all in house invoices and any online invoices where the bidder resides in Florida. A completed tax exemption certificate is required at time of registration for all buyers who wish to qualify for tax exemption. Buyer is responsible for payment for all successful bids. Any item not paid for by the deadline may be returned to the sales floor and will be eligible for resale.
* All taxes assessed or imposed by the United States, the State of Florida, or any other government entity on this transaction will be paid by the buyer direct to the agency due, if applicable.
5) Failure to pay for your purchases or shipping through third party may result in forfeiture. In either case, your name may be removed from the mailing list. In addition, future bids from those bidders not in compliance with the Terms and Conditions of sale may not be accepted by Helmuth Stone Gallery.
6) When registering in person, registering for phone/absentee bidding or bidding online, bidder confirms that they have read the auction terms and conditions and that they agree to abide by all the auction terms and conditions. Your signature on our Bid Form or acceptance of these terms through any online bidding platform constitutes permission to charge successful bids to credit cards if payment is not received within 3 business days after the auction.
7) Phone Bidding:
In our opinion, cellular phones do not always have dependable service, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations.
8) Auctioneer reserves the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property.
9) Refund Policy:
All items are sold AS IS and there will be no returns based on condition. The items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. Condition reports are available upon request from the auction house. However, neither Auctioneer, his or her employees or agents is authorized to make on Auctioneer's behalf or on that of the Consignor any representation or warranty, oral or written, with respect to any property. Auctioneer warrants the authorship (as hereinafter defined) of a lot only for a period of forty-five (45) days from date of sale (not date of receipt) of such lot and only to the original Buyer of record at the auction. Upon being notified within the forty-five (45) day limited warranty period, it is determined to Auctioneer's satisfaction that the authorship is incorrect, the sale will be rescinded provided that the lot is returned to Auctioneer in the same condition in which it was at the time of sale. Auctioneer shall have the right to have the Buyer obtain, at the Buyer's expense, the opinion of two recognized experts in the field, mutually acceptable to Auctioneer and Buyer, before Auctioneer determines whether to rescind a sale under this limited warranty. Buyer is advised that said lot should be inspected by themselves or their agents to their own level of satisfaction prior to bidding and purchase, but in any event, by the time they have purchased the item, as the limited warranty referred to herein expires forty-five (45) days from the date of sale. Otherwise, there is no recourse whatsoever with Auctioneer as to authorship as defined hereinafter. Consignor, through its consignment contract, has agreed to allow Auctioneer to provide or release to the Buyer of a contested item, after the limited warranty period, necessary contact information of the Owner (i.e., name and phone number) if Buyer wishes to seek a remedy or resolve a dispute in this matter directly with the Owner, after the limited warranty period runs. Buyer agrees and understands that after the forty-five (45) day limited warranty, Buyer waives all right to request refunds of commissions, whether paid by Owner or Buyer, and all commissions are nonrefundable and shall remain the property of Auctioneer. Once the 45-day limited warranty period expires, Auctioneer may elect to have no involvement in the dispute between Owner and Buyer other than to provide contact information. If testimony is required of Auctioneer's employees or experts, their time will be charged to the respective party at the rate of $250 per hour plus expenses. If Helmuth Stone Gallery offers a refund for an item, buyer is responsible for all shipping charges incurred and Helmuth Stone Gallery does not reimburse for shipping costs. Buyer is also responsible for shipment of item back to auction before refund will be offered. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Auctioneer recommends that they not bid on the property. All dimensions are approximate.
*Authorship is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the description of the lot in this catalog.
10) Jewelry:
Helmuth Stone Gallery makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, earth mined, manmade or other. Appraisals, descriptions, photographs, are offered as a service and are not intended to be a complete analysis of the qualities and conditions of the jewelry. All identifications, information, weights, quality, cut, value and other estimates, are opinions, limited by examination and grading the mountings, the condition and cleanliness of the items. All gems, colored stones, diamonds, cultured or natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced by a variety of treatments. All jewelry with a hammer price over $500 USD will have to be paid by wire transfer or by credit card form with attached photocopy of credit card and valid driver's license.
11) Artwork:
When it comes to all artwork sold through Helmuth Stone Gallery we ask all potential bidders to ask any and all questions before placing any bids. All lots may not contain a condition report, but this does not imply that the artwork is in pristine condition. By placing any bids, you are agreeing that you have inspected the item to you full satisfaction and have asked any and all questions of your liking (ex: condition, provenance, size, medium).
All authorship of items in this catalog are described according to the following terms:
By [Artist Name] : In our opinion, the work is by the artist.
Attributed to [Artist Name] : In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
In the manner of [Artist Name] : In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
After [Artist Name] : In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
Circle of [Artist Name] : In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.
Follower of [Artist Name] : In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil).
American, 19th Century : In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
Bears signature : In our opinion, the signature on the artwork may be spurious.
Apocryphal : Of doubtful authenticity.
12) Damages:
Buyer assumes full responsibility for any and all item(s) when the hammer falls. Helmuth Stone Gallery shall have no liability for any damage to property left on site after the date of sale.
13) Purchased items not picked up from Helmuth Stone Gallery or that have not had shipping arranged within 15 business days of the auction date will be assessed a storage fee of $5.00 per day, per item, until 90 calendar days have accrued at which point the item becomes abandoned unless prior arrangements have been made. See below.
14) Abandoned Property:
Unless prior arrangements have been made, any lot(s) remaining at Helmuth Stone Gallery for more than 90 calendar days after the auction date will be considered abandoned and will be resold at auction to off-set the storage fees. Helmuth Stone Gallery is not obligated to notify the winning bidder that the abandoned lot(s) will be resold at auction.
15) This agreement shall be administered in accordance with the laws of the State of Florida and any dispute will be submitted to the exclusive jurisdiction of the provincial courts and the federal courts sitting in the The State of Florida.
16) SHIPPING INFORMATION:
Helmuth Stone Gallery offers in house shipping. With over 15 years of experience, our professional, affordable and efficient in-house shipping department will expertly pack and ship to meet any of your needs. All shipping expenses will be handled by the winning bidder. Helmuth Stone Gallery recommends obtaining shipping quotes prior to bidding on any items in our auctions. The shipping price includes packing and shipping cost, for an additional fee shipping insurance can be added. (For international shipments buyer is responsible for all duties, customs, and taxes, which are NOT included in the shipping price. In adherence with federal shipping regulations, Helmuth Stone Gallery will not alter any invoices for shipping). Please note that shipping after an auction is done in the order payment is received and cleared. If you are interested in obtaining an additional list of local shippers, please email us and we will send one over.
• Helmuth Stone Gallery Shipping
o 941-777-5261
o HelmuthStone.Services@gmail.com
• PakMail
o 941-751-2070
o Paktara266@gmail.com
