CONDITIONS OF SALE These Conditions of Sale set out the terms upon which Gene Simmons Auctions ('we,' 'us,' or 'our') sells property by lot, online. You agree to be bound by these terms by registering to bid and/or by bidding in our auction. A. BEFORE THE AUCTION
1. LOT DESCRIPTIONS AND WARRANTIES Our description of a lot, any statement of a lot's condition, and any other oral or written statement about a lot, such as its nature, condition, artist, period, materials, dimensions, weight, exhibition or publication history, or provenance, are our opinion and shall not to be relied upon by you as a statement of fact. Except for the limited authenticity warranty contained in paragraphs E and F below, we do not provide any guarantee of our description or the nature of a lot.
2. CONDITION The physical condition of lots in our auctions can vary due to age, normal wear and tear, previous damage, and restoration/repair. All lots are sold 'as is,' in the condition they are in at the time of the auction, and we and the seller make no representation or warranty and assume no liability of any kind as to a lot's condition. Any reference to condition in a catalogue description or a condition report shall not amount to a full accounting of condition and may not include all faults, inherent defects, or adaptation. Likewise, images in our catalogue may not depict a lot accurately, as colors and shades may appear different in print or on screen than on physical inspection. We are not responsible for providing you with a description of a lot's condition in the catalogue or in a condition report.
4. WITHDRAWAL We may, in our sole discretion, withdraw a lot from auction at any time prior to or during the sale and shall have no liability to you for our decision to withdraw. B. REGISTERING TO BID 1. GENERAL We reserve the right to reject any bid. By participating in the sale, you represent and warrant that: (a) The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, ?Sanctioned Person(s)?); (b) Where you are acting as agent, your principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and (c) The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
2. NEW BIDDERS New bidders must register at least twenty-four (24) hours before an auction and must provide us with documentation of their identity. (a) Individuals must provide photo identification (driver's license, non-driver ID card, or passport) and, if not shown on the photo identification, proof of current address (a current utility bill or bank statement). (b) Corporate clients must provide a Certificate of Incorporation or its equivalent bearing the company's name and registered address, together with documentary proof of directors and beneficial owners. (c) Trusts, partnerships, offshore companies, and other business entities must contact us in advance of the auction to discuss our requirements. If we are not satisfied with the information you provide us in our bidder identification and other registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller.
4. BIDDING FOR ANOTHER PERSON If you are bidding as an agent on behalf of another person, your principal must be a registered bidder and must provide us with written authorization allowing you to bid. You, as the agent, shall accept personal liability to pay the purchase price and all other sums due unless we have agreed in writing before the auction that you are acting as an agent on behalf of your principal and that we will only seek payment from your principal.
6. OUR BIDDING SERVICES We offer the following bidding services as a convenience to our clients, subject to these Conditions of Sale. We shall not be responsible for any error, omission, or failure, human or otherwise, in providing these services. (a) Internet Bids: You can bid in our bidding platform.
7. You shall comply with all laws and regulations in force that govern your bidding. (b) Online Auctions. The auctioneer will accept bids from Internet bidders. You shall comply with all laws and regulations in force that govern your bidding. (c) Timed Auctions. Bids may only be submitted on our website between the dates and times specified in the lot's description. Your bid is submitted once you place and confirm your bid amount. You agree that a bid is final once it is placed and that you may never amend or revoke your bid. You are fully responsible for any errors you make in bidding.
2. AUCTIONEER?S DISCRETION The auctioneer shall have absolute discretion to (a) admit or remove a bidder from the online auction; (b) accept or refuse any bid; (c) withdraw any lot from the auction; (d) continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell any lot in the event that there is an error or dispute related to bidding, whether during or after the auction. The auctioneer will consider the claim and decide in good faith if the sale of the lot is final, whether he/she will cancel the sale of the lot, or whether he/she will reoffer and resell the lot. The auctioneer's decision in exercise of this discretion is final. This paragraph does not in any way affect our ability to cancel the sale of a lot under other applicable provisions of these Conditions of Sale, including the rights of cancellation set forth in sections B(1), D(6), E(2), and G(1).
4. SUCCESSFUL BIDS AND INVOICES Subject to paragraph C(2), the contract of sale between the seller and the successful bidder is formed when the final bid is accepted and the auctioneer's virtual hammer strikes. The successful bid price is the hammer price, and we will issue an invoice only to the registered bidder who made the successful bid.
D. AFTER THE AUCTION 1. THE BUYER'S PREMIUM In addition to the hammer price, the successful bidder agrees to pay us a buyer's premium on the hammer price of each lot sold. On all lots, we charge three percent (3%) of the hammer price. 2. TAXES The successful bidder is responsible for any applicable taxes, including any sales or use tax or equivalent tax wherever such taxes may arise on the hammer price, the buyer's premium, and/or any other charges related to the lot. A sales or use tax is dependent upon a number of factors, including, but not limited to, our volume of sale and the place of delivery of the lot, regardless of the nationality or citizenship of the successful bidder. The applicable sales tax rate will be determined based upon the state, county, or locale to which the lot will be shipped or where it is picked-up in person. We collect sales tax in states where legally required. 3. MAKING PAYMENT (a) Immediately following the auction, you must pay the purchase price, consisting of the hammer price, plus the buyer's premium, plus any applicable duties and sales, use, or other applicable taxes. Payment is due no later than by the end of the Third (3rd) calendar day following the date of the auction, which we refer to as the due date. (b) We will only accept payment from the registered successful bidder. (c) You must pay for lots in US dollars in one of the following ways: (i) Online invoice payment. (ii) Wire Tranfer (when pre-arranged.)
4. TRANSFERRING OWNERSHIP TO YOU You will not own the lot and title will not pass to you until we have received full payment in good funds of the purchase price, even in circumstances where we have released the lot to you. 5. TRANSFERRING RISK TO YOU Unless we have agreed otherwise with you, the risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following: (a) when you collect the lot.
6. YOUR FAILURE TO PAY If you fail to pay us the purchase price in full in good funds by the due date, we will be entitled to do one or more of the following (as well as enforce any other rights and remedies we have by law) at our sole discretion: (a) We can charge interest from the due date at a rate of up to one and one-half percent (1.5%) per month on the unpaid amount due. (b) We can cancel the sale of the lot and sell the lot again, publicly or privately, on such terms as we believe appropriate, in which case you must pay us any shortfall between the amount you owe us and the resale price, plus all costs, expenses, losses, damages, and legal fees we incur due to the cancellation. (c) We can pay the seller the amount due to them, in which case you acknowledge and understand that we will have all the seller's rights to pursue you for such amount. (d) We can hold you legally responsible for the amount you owe us and bring legal proceedings against you to recover the amount owed by you, plus other losses, interest, legal fees, and costs as allowed by law. (e) We can reveal your identity and contact details to the seller. (f) We can reject any bids made by or on behalf of you in future auctions or require you to provide us with a deposit before accepting any bids. (g) We can exercise all the rights and remedies of a person holding security over any property in our possession owned by you, whether by way of pledge, security interest, or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property as collateral security for your obligations to us. (h) We can take any other action we deem necessary or appropriate.
1. SELLER?S WARRANTIES For each lot, the seller gives a warranty that the seller (a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner or a joint owner of the lot, has the permission of the owner to sell the lot or the right to do so by law; and (b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else. If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase price (as defined in paragraph D(3) above) paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages, or expenses. The seller gives no warranty other than as set out above, and as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller that may be added to this agreement by law, are excluded. No employee or agent of Gene Simmons Auctions is authorized to make a representation or provide other information, whether orally or in writing, that amends the seller's warranties or creates an additional warranty on behalf of the seller with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.
2. OUR LIMITED AUTHENTICITY WARRANTY Our limited authenticity warranty, which lasts for one (1) year from the date of a live auction or three (3) months from an online only auction, is that the lots in our sales are authentic as defined in paragraph H, below. You must notify Gene Simmons Auctions (GSA) regarding concerns of authenticity in writing within one (1) year of the date of a live auction or within three (3) months of the date of an online only auction. Following receipt of that written notification, subject to the terms below, GSA will refund the purchase price paid by the client. The terms of this limited authenticity warranty are as follows: (a) It will be honored for claims notified in writing within a period of one (1) year from the date of a live auction or three (3) months from an online only auction. After such time, we will not be obligated to honor the limited authenticity warranty. (b) It is given only for information shown in UPPERCASE type in the first line of the catalogue description (the Heading). It does not apply to any information other than that in the Heading, even if it is shown in UPPERCASE type. (c) It does not apply to any Heading or part of a Heading that is qualified. ? Qualified? means limited by a clarification in a lot's catalogue description or by the use in a Heading of one of the terms listed in the definition of ?qualified? provided in paragraph H, below. Qualified Headings are not covered at all by this limited authenticity warranty. (d) It applies to the Heading as amended by any saleroom notice. (e) It does not apply where scholarship has developed since the auction, leading to a change in generally accepted opinion. Further, it does not apply if the Heading either matched the generally accepted opinion of experts at the date of the auction or drew attention to any conflict of opinion. (f) It does not apply if the lot can only be shown not to be authentic by a scientific process that, on the date we published the catalogue, was not available or generally accepted for use, was unreasonably expensive or impractical, or was likely to have damaged the lot. (g) Its benefit is only available to the original buyer shown on the invoice for the lot, issued at the time of the sale, and only if, on the date of the notice of claim, the original buyer is the full owner of the lot and the lot is free from any claim, interest, or restriction by anyone else. The benefit of this limited authenticity warranty may not be transferred by the original buyer to anyone else. (h) In order to make a claim under the limited authenticity warranty, you must (i) give us written notice of your claim within one (1) year of the date of a live auction or three (3) months from an online only auction ; (ii) at our option, pay for and provide us with the written opinions of two recognized experts in the field, mutually agreed upon by you and us, confirming that the lot is not authentic (we reserve the right to obtain additional opinions at our expense); and (iii) return the lot at your expense to the saleroom from which you bought it in the condition it was in at the time of sale. (i) Your only right under this limited authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more than the purchase price, nor will we be liable for any loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, other damages, or expenses. (j) No employee or agent of Gene Simmons Auctions is authorized to make a representation or provide additional information, whether orally or in writing, that amends the limited authenticity warranty or creates an additional warranty with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.
3. JEWELRY (a) Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their appearance through methods such as heating and/or various clarity enhancements. These methods are considered common by the international jewelry trade but may make a gemstone more fragile and/or cause the gemstone to require special care over time. (b) All types of gemstones may have been improved by some method. You may request a gemological report for any item that does not have a report if the request is made to us at least three (3) weeks before the date of the auction, and you pay the fee for the report. (c) We do not obtain a gemological report for every gemstone sold in our auctions. When we do get gemological reports from internationally accepted gemological laboratories, such reports are described in the catalog. Reports from American gemological laboratories describe any improvement or treatment to the gemstone. Reports from European gemological laboratories describe any improvement or treatment only if we request that they do so, but they do confirm when no improvement or treatment has been made. Because of differences in approach and technology, laboratories may not agree on whether a gemstone has been treated, the amount of treatment, or whether that treatment is permanent. The gemological laboratories only report on the improvements or treatments known to them at the date they make the report. (d) For jewelry sales, estimates are based on the information in any gemological report. If no report is available, assume that the gemstones may have been treated or enhanced.
F. OUR LIABILITY TO YOU (a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees about any lot other than as far as we are allowed by law, all warranties and other terms that may be added to this agreement by law are excluded. The seller's warranties contained in paragraph E(1) are their own, and we do not have any liability to you in relation to those warranties. (b) We are not responsible to you for any reason (whether for breaking this agreement or for any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us, or other than as expressly set out in these Conditions of Sale. (c) We do not give any representation, warranty, or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded by this paragraph. (d) Our online bidding services, and condition reports are free services, and we are not responsible to you for any error, omission, or failure of these services. (e) We have no responsibility to any person other than a buyer in connection with the purchase of any lot. (f) If, despite the terms in paragraphs F(a)?(e) or E(2)?(3) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses.
G. OTHER TERMS 1. OUR ABILITY TO CANCEL In addition to the other rights of cancellation contained herein, we can cancel a sale of a lot if (i) any of your warranties in paragraph E(4) are not correct; (ii) we reasonably believe that completing the transaction is, or may be, unlawful; or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation.
2. COPYRIGHT We own the copyright in all images, illustrations, and written material produced by or for us relating to a lot. You cannot use them without our prior written permission. We make no representation and offer no guarantee that the buyer of a lot will gain any copyright or other reproduction rights.
3. ENFORCING THIS AGREEMENT If a court finds that any part of this agreement is invalid, illegal, or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.
4. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES You may not grant a security over or transfer your rights or responsibilities under these terms unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities.
6. WAIVER No failure or delay to exercise any right or remedy contained herein shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7. LAW AND DISPUTES This agreement and any noncontractual obligations arising out of or in connection with this agreement or any other rights you may have relating to the purchase of a lot will be governed by the laws of Nevada. You and we agree to try to settle the dispute by mediation submitted to JAMS, (Judicial Arbitration and Mediation Services, Inc) or its successor, for mediation in Nevada. If the dispute is not settled by mediation within sixty (60) days from the date when mediation is initiated, then the dispute shall be submitted to JAMS, or its successor, for final and binding arbitration in accordance with its Comprehensive Arbitration Rules and Procedures or, if the dispute involves a non-US party, the JAMS International Arbitration Rules. The seat of the arbitration shall be Nevada and the arbitration shall be conducted by one arbitrator, who shall be appointed within thirty (30) days after the initiation of the arbitration. The language used in the arbitral proceedings shall be English. The arbitrator shall order the production of documents only upon a showing that such documents are relevant and material to the outcome of the dispute. The arbitration shall be confidential, except to the extent necessary to enforce a judgment or where disclosure is required by law. The arbitration award shall be final and binding on all parties involved. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. This arbitration and any proceedings conducted hereunder shall be governed by Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. 1/1/23
Prices - Bid Increment
$0 to $4.99, - .50
$5 to $9.99 – $1.00
$10 to $49.99 - $2.50
$50 to $99 -$5.00
$100 to $249 - $10
$250 to $499 - $25
$500 to $999 - $50
$1,000 to $2499 - $100
$2,500 to $9999 - $250
$10,000 & up - $1000. - $1000.