Terms and Conditions
1. The highest bidder for each lot shall be the buyer. If any dispute arises as to the bidding or between two (2) bidders, the lot so disputed shall be immediately put up again at the last undisputed bid and resold. The auctioneer has the final discretion to determine the successful bidder. At our discretion we will execute order or absentee bids or arrange telephone bids as a convenience to clients, but are not responsible to execute any absentee bids. If a dispute arises after the sale, our sales record will be conclusive. All legal actions concerning sales will be arbitrated/adjudicated in the Sole and Exclusive venue of Hampton, Virginia Courts.
2. Each lot shall be at the buyers risk from the fall of the hammer and shall be paid for and taken away by the buyer at the end of each days selling. Phoebus Auction Gallery will not be responsible for loss or damage to property, which is not removed from our premises on the day of the sale. The packing and handling of purchased lots by us is at the entire risk of the purchaser.
3. 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.
4. 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.
5. All items must be paid for in full and removed on the day of sale unless other arrangements have been made and are so noted on receipt. The Gallery Can Provide Shipping Services when requested. Items left at the Gallery are at the owner’s risk. A storage fee of $5.00 per day /per item will be charged for items remaining after 10 days, if not removed in 30 Days items will be sold if lieu of Storage Charges.
6. All sales are for cash, Visa, Master Card, Discover, and business or personal check with valid ID. Unless exempted by law, all individuals will be charged Virginia sales tax of 6% of the purchase price and buyer’s premium. Non-US resident bidders must pay by wire transfer.
7. A buyers premium of 22% of the successful bid price will be added to the total purchase price of all properties to be paid by purchaser as part of the total purchase price. (2% Discount for Cash or Check, In Gallery-Week of Auction Only)
8. All property is sold AS IS, and neither the auctioneer, gallery staff, nor any consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty of descriptions of genuineness, authorship, attribution, provenance, period, culture source, origin or condition of the property, and no statement, oral or written, made at the sale or in the catalogue, bill of sale or invoice or elsewhere shall be deemed such a warranty or representation or an assumption of liability. Refunds or amounts are at the total discretion of the Phoebus Auction Gallery. All perspective buyers should personally inspect or have their agent inspect property before bidding. In no event will our liability to purchaser exceed the purchase price actually paid.
9. By registration for this auction I state that I have read and understand the above terms and conditions and agree to be bound by them at this and other auctions conducted by the Phoebus Auction Gallery.
10. 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 6%. 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. Items purchased by Out of state buyers who pick up their items in Virginia pay Virginia state sales Tax. Virginia buyers that purchase items as gifts and have them delivered to Out of State Recipients must pay applicable Sales taxes.
11. 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.
12. The Gallery Can Provide Shipping Services to Buyers at their request. The Cost of Packaging, Handling & Shipping will be the Responsibility of the Buyer. Shipping Charges for small Items will be calculated for USPS and Invoices sent to buyers with in 72 Hours of the auction. Invoices must be paid upon receipt and will be shipped in order of payment was received. Items will be insured for their Purchase Price and Shipping. Individuals must contact the Gallery at 757 722-9210 to arrange for Shipping within 5 days of the end of an auction. Large or Furniture items will be referred to Craters & Freighters for Estimates (1-886-283-6608). Owners not contacting the Gallery within 10 Days will have items sold.A storage fee of $5.00 per day /per item will be charged for items remaining after 10 days, if not removed in 30 Days items will be sold if lieu of Storage Charges.
13. The Gallery will exercise due care and diligence in the packing and handling of purchased lots, but the items are shipped at the entire risk of the purchaser. Under no circumstances will shipping charges be refunded. 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. 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. Buyers or their agents may pick up items at our Phoebus Showroom if they so desire. We are not responsible for the acts or omissions of independent contractors, carriers, or packers of purchased lots, whether recommended by us or not. We will insure Best Value in Shipping, but all Shipping Costs are the Responsibility of the Buyer. Questions should be emailed to firstname.lastname@example.org.
14. Please understand that Phoebus Auction Gallery undertakes the execution of absentee bids or LiveAuctioneers Live Auction Bids as a convenience for clients and is not responsible for inadvertent failure to execute bids, or for any error in the execution of bids. Please read and agree to the Terms and Conditions and understand that the items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalog entry and understand that a 22% Buyer's Premium will be added to all purchases.
15. 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.
Phoebus Auction Gallery
Gail Wolpin, Auctioneer, VA Lic# 1597 & 947
14 East Mellen Street, Hampton, VA 23663
Fax: (757) 723-2280