Terms and Conditions
The highest bidder for each lot shall be the buyer. All Sales are final. Title passes to the buyer upon the fall of our auctioneer's hammer. All sales are for cash, Visa, Master Card, Discover, and business or personal check (with valid ID). All purchases will be in United States Funds. Buyers desiring to pay by check must notify the Gallery directly at (757) 722-9210 for clearance. The auctioneer reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. If any dispute arises as to the bidding or between two (2) or more bidders the auctioneer shall be the sole determinant as to who is the successful bidder and at her discretion may re-offer and resell the article in dispute. If a dispute arises after the sale, the auctioneer's sales records shall be conclusive as to who was the purchaser and the purchase price. We reserve the right to withdraw any property before sale and shall have no liability whatsoever for such withdrawal. Any dispute arising from any auction situation that requires a court judgment to resolve will be resolved in a Virginia Court having jusrisdiction over the Phoebus Auction Gallery.
15% Buyer's Premium is applied to all property sold, to be paid by the buyer as part of the purchase price. The auctioneer at her discretion may reject any bid not commensurate with the value of the article offered. We reserve the right to reject any bid or withdraw any lot from the sale Auctioneer is not required to cut bids, but will proceed at even increments unless, at his/her discretion, it is necessary to enhance the sale. Some of the lots in this sale are being sold subject to a reserve. A "reserve" is a confidential minimum price agreed between consignor and the Phoebus Auction Gallery below which a lot will not be sold. We may implement reserves by bidding on behalf of the consignor.
Tax:
All appropriate Virginia state and local sales taxes are applied to the full purchase price of a lot including buyer's premium. Current Virginia sales tax is 5 %. Virginia and Out of state Dealers must provide a valid sales tax exemption number to be excused sales tax. Virginia law provides that Out of State Buyers do not pay Virginia Sales Tax on items shipped or delivered Out of State. Virginia buyers that purchase items as gifts and have them delivered to Out of State Recipients must pay applicable Sales taxes.
Agent Responsibilities:
If you register for someone else or allow someone else to use your bidder number you are responsible for all lots purchased and charges made against that bidder number. Safeguard your bidder number and password.
Shipping:
Items purchased will be shipped upon verification of credit payment, receipt of funds, or clearance of checks. All Shipments are made FOB Hampton, Virginia (Port of Norfolk for international shipments). A handling charge to cover materials and labor of Processing and Packaging plus the Actual cost of shipping/insurance will be charged to process the shipment. Shipping arranged by us will be by the best value and/or least expensive. All shipments are insured for the appraised value or purchase price which ever is greater. If you wish to name your own shipper or agent we will follow your instructions. You will be contacted if shipping costs exceed $400 or 100% of purchase value. Buyers or their agents may pick up items at our Phoebus Showroom if they so desire and make prior arrangement. We are not responsible for the acts or omissions of independent contractors, carriers, or packers of purchased lots, whether or not recommended by us.
OUR GUARANTEE:
The Auctioneer has endeavored to catalog and describe correctly the property being sold and the catalog descriptions are guaranteed to be accurate in matters of condition, authenticity, and measurements. Any imperfections or damages will be disclosed in the item description. Measurements are guaranteed to be accurate to within one-half inch. Measurements are given in height, width, depth or length. We guarantee condition to be good in all cases unless announced differently. By this we mean that all lots are free of chips, significant paint loss or any type of appreciable damage that might have taken place since production of the object. We do not guarantee against inherent problems with an object. We guarantee authenticity. If we represent something in the form of statement of fact, we guarantee that fact i.e.. "Signed Tiffany vase". In this case since it is a statement of fact, we guarantee not only that the vase is in fact Tiffany glass produced by the L.C. Tiffany firm of New York, but also that the signature is there and original to the piece. Statements of fact are highlighted in Hyperlinked type in the description part of the Auction screen. We do not guarantee statements of opinion or style.
We guarantee against fakes and reproductions. Unless stated in the description, all lots are guaranteed to be authentic. If an items is represented "as is" in any way, it is considered sold "as is" and if further damage is found after purchase, the object cannot be returned for a refund.
Warranty:
Neither the auctioneer nor the consignor makes any warranties of any kind with respect to any lot. No statement anywhere whether written or oral, whether made in the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation, or assumption of liability.
Extent & Duration of Guarantee:
If you wish to return a lot for any of the accepted reasons listed above, you must do so immediately. Delay of thirty (30) days after receipt will be deemed acceptance of the lot. Upon receipt of package, open immediately and examine contents. If there is a problem in regards to condition or authenticity, you must notify us immediately by phone or E-mail of your intention to return the object. Inform us of your name, lot number, phone number, and what the problem is and we will get back to you. Do not wait to have an item checked out for authenticity. All requests for refunds for authenticity will be accompanied by at least one supporting statement in writing from an authority recognized by the Auctioneer. It is the Auctioneer's sincere intention to consider any reasonable request for an adjustment.
Acceptance of Terms and Conditions:
Bidding on any article/lot in this auction indicates your acceptance of all above terms and conditions. For further information please call (757) 722-9210 or e-mail us.