Terms of Sale
VIDI VICI GALLERY TERMS OF SALE
CONTACT US: In order to ensure timely response, please send all communications, questions, and requests to info@vidivicigallery.com.
BY AGREEING TO THESE TERMS, BIDDING IN OUR AUCTIONS, PURCHASING ANY PROPERTY OR OTHERWISE AVAILING YOURSELF OF THE USE OF OUR SITE AND SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS OF SALE, AS OUTLINED HERE. PLEASE READ ALL TERMS CAREFULLY BEFORE BIDDING.
Conditions of Sale
All property is sold AS IS, as pictured, with all faults. ALL SALES ARE FINAL and no refunds will be granted. Prospective buyers or their agents hold the sole responsibility to inspect the property before bidding to decide their level of interest and should exercise their own judgment for determining the property value, size, age, condition and whether or not it has been repaired or restored, etc. By placing a bid, you signify that you have examined the property to your satisfaction or have chosen not to examine it. We describe the property to the best of our ability, and any statements, whether oral or written, by the auctioneer or by any of the Vidi Vici Gallery representatives are mere opinions and shall not be deemed a warranty or representation regarding the property offered for sale. Although condition reports are included in lot description, they do not document every condition defect that may be present 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. Any condition statement is given as a courtesy to the client, is mere opinion and should not be treated as a statement of fact. All weights and measurements are approximate and may be rounded to the nearest whole number. Representations of colors are merely descriptive and not considered material to any lot.
Vidi Vici Gallery reserves the right to refuse service to anyone for any reason. Property may be withdrawn from sale at any time prior to the offering of each lot.
The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. The auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. In the event of a dispute, the decision of the auctioneer and the record of sale kept by Vidi Vici Gallery shall control. We assume no responsibility for failure to execute or accept any bid for any reason.
You are strictly prohibited from placing bids or causing bids to be placed on any item of property for the purpose of artificially increasing or otherwise manipulating the bidding process on our auctions.
Vidi Vici Gallery Right To Cancel Sale
Vidi Vici Gallery has the right to refuse services or rescind a sale for any reason, including but not limited to, if the property is damaged, lost or stolen during the preview period, customer fails to adhere to our terms, suspicion of fraud or bad faith behavior, or for any other reason, at our discretion. Your only recourse upon such rescision is the reimbursement of funds paid.
Payments
Your bid is a legally binding contract and you are obligated to complete the transaction. All payments are due within seven (7) calendar days of the sale date. Buyers are responsible to pay according to their invoice or contact Vidi Vici Gallery with all payment arrangements on or before to the due date. Buyers with cards on file will automatically be charged for the purchases 4 days after sale, in accordance with site rules. Acceptable forms of payment are cash, money orders, cashiers checks, VISA, Discover, Master Card or wire transfer, payable in U.S. dollars. Payments made by check must clear prior to release of your purchase. Returned checks are subject to a $50.00 returned check fee. If payment is made with a credit or debit card, the buyer, by his or her acceptance of these terms and conditions, waives his or her right to file a dispute involving a "chargeback" for the items purchased using the Charge Card Association's "Reason Code 53: Not as Described or Defective Merchandise" or similar.
Lay-a-way payment may be available but will be subject to pre-approval. Please contact us before you bid if you want to avail yourself of this option.
If the buyer breaches his obligation to pay the purchase price in full for any lot for which the buyer was the highest successful bidder, Vidi Vici Gallery may exercise all rights and remedies under the law including but not limited the canceling the sale and offering at subsequent auction without reserve, any lot for which the purchaser has breached its obligation to pay its purchase price, and after deducting the standard commission and any additional charges that may apply still holding the purchaser liable for any deficiency. Vidi Vici Gallery reserves the right to file disputes for nonpayment through any platform used to make your purchase, which may result in a negative note on your account. We may enforce our legal rights through court action and any costs incurred by Vidi Vici Gallery in the preparation for legal action are immediately accruable to the buyer and immediately due and payable by the buyer and shall be paid before the property is released.
Buyer's Premium & Sales Tax
Vidi Vici Gallery charges a buyer's premium of 20% for in-house live auction bidding, or 25% for online live auction bidding unless stated otherwise or property is purchased on a promotional NO BUYER PREMIUM auctions. A 2.5% discount from the Buyer's Premium will apply for cash or check payments if payment is made within 7 days of the end of the auction.
Buyers located in the State of California are required to pay sales tax on the total purchase price, including premium unless, a tax-exempt certificate is completed and is on file with us, as specified by the State Board of Equalization of California.
Pickup and Shipping
Pickup is not available during auction. For Live Auctions, buyer may pickup all purchases once auction has closed and payment is received by our sales clerk. For Online Auctions, buyer must make payment prior to scheduling pickup. All purchases must be picked up within fourteen (14) days of sale. Our facility is open to the public during events, such as Live Auctions, Live Sales and other special events. Outside of these events we are a "by appointment only" facility and require prior notice to schedule such appointment. Failure to show up for set appointments without notice and requests to reschedule appointments may result in a pickup fee charge for future appointments, in order for us to cover the expenses of making special accommodations.
All purchases must be removed from our premises within fourteen (14) days of auction. It is the buyer's responsibility to arrange pickup or shipping. We will release your purchase to any agent or shipper, upon confirmation from you or the shipper's ability to present release documentation. We do not ship in-house but will work with a shipper of your choice to schedule a pickup time. We do not require you to use any particular shipper, nor do we recommend one shipper over the other. We provide a list of shippers upon receipt of your payment. This is a list comprised of various shippers that have successfully been used by other Vidi Vici Gallery customers, you may contact them for quotes. We have also made arrangements to have a shipper send you a quote for shipping upon receipt of your payment. You are under no obligation to use this shipper, this quote is simply provided as a courtesy to those clients who find it inconvenient to have to obtain their own quote.
In no event shall Vidi Vici Gallery have any liability for any damage to property left on its premises for more than 14 days after the date of sale. Any untimely arrangements will result in storage fees or abandonment of your purchase, as well as delays in response time, limitations to pickup availabilities.
Vidi Vici Gallery holds no liability for your lots after we release them to you, your agent or shipper. Please be sure that anyone picking up inspects property prior to signing off on pickup documents. It is your responsibility to ensure that you have provided your shipper of choice with an accurate shipping address for delivery and for the communication of any special instructions around packing, delivery method or insurance amounts. If you are using any shippers that use PayPal or other payment source that shares your address with the shipper, please ensure that the verified shipping address provided by you through the PayPal or other similar account is accurate and up to date. We disclaim any liability for any loss or damage of your property by third parties.
Vidi Vici Gallery specializes in the sale of unique merchandise, much of which is fragile due to age and materials. The nature of such inventory makes it more susceptible to damage during shipment. Although damages and loss of packages are very rare, they do occur. In the event of loss or damage your sole recourse is to work with your shipper to track the package and collect insurance. Vidi Vici Gallery will not be liable for any lost or undelivered packages or damages that occur during shipment/transit.
International buyers shall be responsible for review and compliance with any applicable import regulations of your country and are responsible for the payment of any import duties or specialty taxes. Certain countries, including but not limited to, Russia, China, Australia and the UK, often experience delays in customs or other delivery issues once they leave US custody. Vidi Vici Gallery, and most likely your shipper or freight company may have no visibility into the status of your shipment once it is accepted into customs and may have no control over the package beyond this point. You assume liability for loss of packages caused by such issues. We highly recommend, whenever possible, to use a guaranteed service that allows tracking of package to your doorstep, such as DHL, when shipping items outside of the United States.
Vidi Vici Gallery shall not be responsible for obtaining any permits or licenses on behalf of the buyer and no sale shall be canceled or refunded for lack of buyer noncompliance with permitting and licensing problems or shipping cost.
Storage Fees and Property Abandonment
If the purchased and paid for property has not been removed within 14 days from the date of sale, Vidi Vici Gallery reserves the right to charge for storage of your purchased lots, at the rate of $10 per day, per lot. Purchases will not be released until all storage fees are paid in full. Vidi Vici Gallery is not able to provide indefinite storage and thirty (30) days from auction date, remaining property, paid or unpaid, will be considered abandoned and revert back to Vidi Vici Gallery ownership, as will property where storage fees exceed item purchase price. Vidi Vici Gallery shall have the right to treat such property as we deem fit, including offering it for re-sale, donating it, returning it to consigner, or otherwise disposing of the property.
You Are Required to Raise All Claims in a Timely Manner
In the event that you experience an issue, such as non-receipt of a lot, issues regarding a lot or experience, claims of damages or other problems, you must raise them in a timely manner. Failure to raise issues in a timely manner may result in abandonment of any claims, because we or your shipper may no longer be able to address such matters if they fall outside of deadline requirements. For example, tracking information or ability to file an insurance claims has certain time limitations, depending on the freight company used. We may not be able to address any issues or concerns that are not brought to our attention within 30 days of release of your purchase.
Late Payments; Failure to Schedule Timely Pickup; Failure to Respond to Communication; Inaccurate Contact Information; Inaccurate Shipping Address
Please note that any failure on your behalf to timely complete the transaction, including but not limited to, delayed and past due payments; delayed and past due pickup arrangements; failure to respond to our attempts to contact you; failure to read or receive your email through no fault of Vidi Vici Gallery; issues caused by the provision of inaccurate contact information or through your desire to have us communicate with your assistants or other third parties who are not listed on your account may result in you not receiving appropriate notifications and assistance in a timely manner. We are not responsible for any issues that might arise resulting from delays on your part. As we work on a tight calendar schedule around each auction, please expect delays and lower level of service as a result of your delayed payments and communications.
Warranties
Vidi Vici Gallery disclaims any warranties or representation, expressed or implied with respect to the property, and in no event shall be responsible for the correctness, nor deemed to have made any representation or warranty, or description including but not limited to rarity, quality, condition, genuineness, importance, authorship, authenticity, completeness, attribution, provenance, exhibitions, literature, historical relevance, period, culture, source, medium, origin or size of the property and no statement made at the sale, or in the bill of sale, or invoice, or in the catalog, or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
Limitation of Liability
In no event will the liability of Vidi Vici Gallery to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. By making this purchase you understand that Vidi Vici Gallery shall not be responsible for any losses or damages resulting from the sale. Vidi Vici Gallery's liability is limited to the price of the sale item. In the event of loss or theft of your item while in possession of Vidi Vici Galley, Vidi Vici Gallery will refund the amount of any payments made by you for that particular item, unless the theft, loss or damage occurs after you have exceeded the required pickup period, failed to make appropriate pickup or shipping arrangements, or failed to show up for scheduled pickup appointments. In the event of loss, theft or damage in the mail, Vidi Vici Gallery shall not be responsible and the customer shall have to contact the delivery service, shipper and/or shipping company in order to obtain an insurance or other similar payment.
Use of Your Data
We may receive, collect and use your personal data for the purpose of providing you services. We may share some of your data with service providers who assist us in the provision of services.
Communication
By registering for our auction, you grant us the right to communicate with you via email, phone and mail. It is your responsibility to ensure that your contact information is up to date and that you are receiving your email messages. All legal notices and communication regarding arrangements for your purchases will be sent to the email you have on file. It is your responsibility to check your email and respond to notices. Vidi Vici Gallery is not liable for any delays or complications that may result from your failure or inability to receive or check and respond to our messages. Failure to read our messages, or any technical issues on your side that prevent you from properly receiving our messages, will not excuse you from any obligations outlined in these Terms.
Marketing Communications
We may from time to time send emails notifying you of upcoming auctions and promotions. You may ask to be removed from marketing emails by contacting us at info@vidivicigallery.com or responding to our email with a request to opt out.
Miscellaneous
You agree to be bound by the laws of the State of California, and federal laws of the United States of America, when applicable, and be subject to bring all claims in the state and federal courts of San Francisco County. We reserve the right to change these Terms at any time and your continued use of our services and placement of bids shall signify agreement to such changes.
Shipping Terms
]COVID-19 Update: We will be able to ship your lots, however cannot provide pickup during while the Shelter in Place order is in effect. We will be willing to hold your lots and make them available for local pickup once the order is lifted.]
Pickup is not available during auction. For Live Auctions, buyer may pickup all purchases once auction has closed and payment is received by our sales clerk. For Online Auctions, buyer must make payment prior to scheduling pickup. All purchases must be picked up within fourteen (14) days of sale. Our facility is open to the public during events, such as Live Auctions, Live Sales and other special events. Outside of these events we are a "by appointment only" facility and require prior notice to schedule such appointment. Failure to show up for set appointments without notice and requests to reschedule appointments may result in a pickup fee charge for future appointments, in order for us to cover the expenses of making special accommodations.
All purchases must be removed from our premises within fourteen (14) days of auction. It is the buyer's responsibility to arrange pickup or shipping. We will release your purchase to any agent or shipper, upon confirmation from you or the shipper's ability to present release documentation. We do not ship in-house but will work with a shipper of your choice to schedule a pickup time. We do not require you to use any particular shipper, nor do we recommend one shipper over the other. We provide a list of shippers upon receipt of your payment. This is a list comprised of various shippers that have successfully been used by other Vidi Vici Gallery customers, you may contact them for quotes. We have also made arrangements to have a shipper send you a quote for shipping upon receipt of your payment. You are under no obligation to use this shipper, this quote is simply provided as a courtesy to those clients who find it inconvenient to have to obtain their own quote.
In no event shall Vidi Vici Gallery have any liability for any damage to property left on its premises for more than 14 days after the date of sale. Any untimely arrangements will result in storage fees or abandonment of your purchase, as well as delays in response time, limitations to pickup availabilities.
Vidi Vici Gallery holds no liability for your lots after we release them to you, your agent or shipper. Please be sure that anyone picking up inspects property prior to signing off on pickup documents. It is your responsibility to ensure that you have provided your shipper of choice with an accurate shipping address for delivery and for the communication of any special instructions around packing, delivery method or insurance amounts. If you are using any shippers that use PayPal or other payment source that shares your address with the shipper, please ensure that the verified shipping address provided by you through the PayPal or other similar account is accurate and up to date. We disclaim any liability for any loss or damage of your property by third parties.
Vidi Vici Gallery specializes in the sale of unique merchandise, much of which is fragile due to age and materials. The nature of such inventory makes it more susceptible to damage during shipment. Although damages and loss of packages are very rare, they do occur. In the event of loss or damage your sole recourse is to work with your shipper to track the package and collect insurance. Vidi Vici Gallery will not be liable for any lost or undelivered packages or damages that occur during shipment/transit.
International buyers shall be responsible for review and compliance with any applicable import regulations of your country and are responsible for the payment of any import duties or specialty taxes. Certain countries, including but not limited to, Russia, China, Australia and the UK, often experience delays in customs or other delivery issues once they leave US custody. Vidi Vici Gallery, and most likely your shipper or freight company may have no visibility into the status of your shipment once it is accepted into customs and may have no control over the package beyond this point. You assume liability for loss of packages caused by such issues. We highly recommend, whenever possible, to use a guaranteed service that allows tracking of package to your doorstep, such as DHL, when shipping items outside of the United States.
Vidi Vici Gallery shall not be responsible for obtaining any permits or licenses on behalf of the buyer and no sale shall be canceled or refunded for lack of buyer noncompliance with permitting and licensing problems or shipping cost.
