Terms & Conditions
These Terms and Conditions are applicable to all registered bidders and buyers who agree to bid with us using the WinterParkGallery.com or BidSpirit.com websites, bidding agent or App. All online Bidders must register prior to placing a bid.
By bidding at our online auction you agree to be bound by these Terms and Conditions of Sale:
1- All property is sold AS IS and neither We nor the owner / Consignor make any guarantees, warranties or representations, expressed or implied, with respect to the property, merchant ability, or correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation.
Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. We and the Consignor make no representation or warranty as to whether the purchaser acquires any copyrights, including but not limited to any reproduction rights, in the property.Furthermore, ALL SALES ARE FINAL & No Returns or Refunds are allowed.
2.There is a 15% Buyers Premium. If you have a Resale certificate, please email it to us at firstname.lastname@example.org.
3. Acceptable methods of payment include Online credit card payments via the payment button on our invoices , cash, personal checks, cashier’s check, money order, and bank to bank wire transfers. Invoices that remain unpaid after 72 hours may be charged to the credit card that that you authorized during registration.
For check payments above $1,000, property will not be released until the check clears, unless credit has been previously established with us or if a bank letter has been received prior to the sale guaranteeing said personal check. All property must be paid for within 5 days of the auction and removed from our premises by the purchaser at his or her expense not later than 10 business days following the auction. If not so paid for and removed, we may send the purchased property to a public warehouse for the account of, and at the risk and expense of the purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or, in case of bank or cashiers checks, we have confirmed authenticity.
4- The Lots listed in this auction will be offered by Winter Park Gallery as the seller on WinterParkGallery.com and BidSpirit.com and as agents for the Owner / consignor.
5- All the Property offered and sold through the Company shall be offered and sold under the Terms and Conditions set forth herein. YOUR BID IS A BINDING CONTRACT. By participating in our online auction you acknowledge that you accept and are bound by these Terms and Conditions, any of which may be modified or waived at the sole discretion of the Company.
6- Buyer acknowledges and agrees that Winter Park Rugs & Antiques Auctions shall be found to have no duty as to the validity of the consignor/owners lawful title to any property (lot) offered for sale greater than reasonable reliance on the representations of the consignor or owner.
The Company provides no statement, guarantee or warranty as to the lawful title of any lot, and Buyer waives and releases the Company from any claims based on alleged defects in legal title to any lot.
7-We advise all prospective buyers to examine , in person, all lots they are interested in bidding before the auction. or review images & read the descriptions on line As, YOUR BID IS A CONTRACT and ALL SALES ARE FINAL. All Property (Lots) are sold As Is and without recourse, and neither Auctioneer nor its owner make any warranties or representations of any kind with respect to any of the Property (Lots) to be sold at auction, including, without limitation, with respect to warranty of title, warranty of merchant ability, fitness for a particular purpose, or any other warranty or representation of any kind in reference to the Property. Neither the Company nor its consignor(s) shall be responsible for the correctness, authenticity, provenance, attribution, condition or any other terms used to describe the Property; and furthermore, neither Auctioneer nor its consignor(s) shall be deemed to have made any representation or warranty, in any advertisement, or in any statement by anyone or which is made at the sale, in the bill of sale, invoice, or elsewhere, nor shall any of the foregoing be deemed an assumption of liability. The absence of any reference to the condition of a lot does not imply that the lot is free of imperfections or the effects of aging.
8- All prospective buyers must register and If needed provide identification before bidding. We may require bank or other financial references. The Company reserves the right to refuse admission to the premises, and/or to refuse participation in any auction at any time at the Companies sole discretion.
9- The Company will accept any Pre-sale(Absentee)bids left in writing prior to the commencement of the Sale, however, the Company is not responsible for failing to execute such bids, or for any errors or omissions in connection with such bids. If an Item or Lot receives written bids for identical amounts, and they are the highest bids, the Item or Lot will be sold to the buyer whose written bid was received and accepted first. The Companies copy of and records regarding receipt and acceptance of any Absentee bid shall be deemed sole evidence and conclusive.
10- Some Lots in the Sale may be subject to a confidential reserve below which the Lot will not be sold. The reserve will not exceed the low estimate of the Lot. The Auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the consignor and may continue to bid on behalf of the consignor up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders.
11- If any Lot is offered without reserve, unless there are already competing bids, the Auctioneer, may open the bidding at half the low estimate. If a bid is not offered at that level, the Auctioneer may proceed backwards until a bid is offered, and then continue up from that initial bid at increased increments.
12-OUR Company reserves the right to withdraw any Property at any time before the hammer falls at its complete discretion, and shall have no liability whatsoever for such withdrawal.
13- The Company reserves the right to reject any bid. The highest bidder acknowledged by the Auctioneer will be the buyer. In the event of any dispute between bidders, the Auctioneer shall have absolute and final discretion either to determine the successful bidder, or to re-offer and re-sell the Property in dispute. If any dispute arises after a sale, the Companies sale record shall be conclusive and final.
14- 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.
15- Title of the property immediately passes to the highest acknowledged bidder when the Auctioneer’s hammer falls, subject to the Terms and Conditions set forth herein, at which point the bidder assumes full risk and responsibility for the Property.
16-The Buyer will remove all purchased Property at their own expense within five (5) days of the date of sale, and if not removed, the Property may be sold by the Company, or removed by the Company to a public warehouse or storage facility, at the sole risk, responsibility and expense of the buyer. Our Company will not be responsible for any loss, theft, or damage to any Property remaining on the Company’s premises five (5) days after the sale. If purchased Property remains on the Company’s premises after five (5) days, the Company reserves the right to charge a monthly late fee of 10% of the total purchase price, and an additional administrative fee of $200.00 if the Property is not picked up after thirty (30) days. If property has not been shipped or pick-up after sixty (60) days, ownership of property reverts to Winter park Gallery.
17-If the buyer fails to pay in full with good cleared funds, or fails to comply with the Terms and Conditions of the Sale as set forth herein, the Company reserves the right to exercise one or more of the following remedies, in addition to any other remedies available to the Company by law: a) hold the defaulting buyer liable for the full purchase amount due; b) charge interest at a rate the Company decides upon within reason; c) cancel the sale; d) resell the property without reserve at public auction, or privately under such terms as Company deems appropriate, and the defaulting purchaser will be liable for any difference between the original purchase price and the final sales price. In addition, the defaulting buyer will be responsible for any costs incurred by our Company including, but not limited to, handling, storage, commissions, insurance, administration, any and all legal fees, incidental damages and all costs relating to this transaction; and e) Forbid the buyer from participating in any future auction.
18-The Company can provide a successful bidder with a list of shippers AFTER PAYMENT HAS BEEN MADE. However, the Company will not be responsible for the acts or omissions of carriers or packers engaged by the buyer whether or not such shipper was listed by the Company. Property will not be released to a third party shipper without the buyer’s consent, and unless the Company is in receipt of full payment. Any packing and handling by the Company is at the entire risk of the buyer and the Company bears no liability for any loss or damage to such items. The cost of shipment will be Buyer’s full responsibility.
19- If a purchased Lot, for any reason, cannot be delivered in the same condition as at the time of sale, or should any purchased Lot be stolen,
misdelivered or lost prior to delivery, the Company shall not be liable for any amount in excess of that paid by the purchaser.
20- The conduct of the online auction and all transactions associated with it, the Terms and Conditions herein set forth, together with the rights and obligations of the Company, Consignor and Buyer are governed by the laws under the jurisprudence of the State of NEW YORK & BidSpirit member / on line seller of Florida. If any part of these Terms and Conditions is found by a Florida court to be invalid, illegal or unenforceable that part will be discounted and the rest of the Terms and Conditions will continue to be valid to the fullest extent permitted by law.
For Further Questions Please CONTACT US at:
Tel : 407-740-6005
1760 W. Fairbanks Ave.
Winter Park, FL 32789 USA
International Customs policy for buyers
All custom fees and handling charges will be paid by the buyers. Buyers are the sole responsible party to deal with their prospective country’s customs clearance and must pay their own perspective country’s Taxes fees and custom brokerage charges.
We Do not get involve with any customs handling in any shape or form. All International Buyers Must arrange the shipment of their winning lots by themselves and We Do not Ship anything Internationally unless prior arrangements are made.