"Terms and Conditions of the Auction"
1. THIS IS AN INTERNET ONLY AUCTION.
2. I have tried to identify the different patterns of Carnival Glass, Roseville & Hull Art Pottery items. You are bidding on the item photographed and are not relying on the description provided.
3. BUYERS PREMIUM: A 10% buyer's premium will be added to each purchase. If you bid $100.00, you will be charged $110.00 at checkout.
4. SOFT CLOSING: The auction will begin closing at 6:00 PM on Tuesday, October 17, 2023. The closing time of a lot will be automatically extended an additional 5 minutes whenever a bid is placed within the last 5 minutes on the lot's timer and will continue to do so until the timer runs out.
5. PREVIEW: Currently there are NO scheduled previews of items in this auction. Bidders are responsible for ascertaining actual current condition through careful review of the description, pictures, and other supporting documentation. Please bid accordingly.
6. All bids are subject to acceptance by the Auctioneer. No bid shall be deemed a valid bid until accepted by the Auctioneer. All bids are accepted at the sole discretion of the Auctioneer.
7. If you are the successful bidder, you agree to pay the amount of your bid plus all premiums in accordance with all written or oral Terms and Conditions of the Auction.
8. Failure to pay for items that you are determined to the successful bidder on will result in a loss of bidding privileges for future auctions that RJ's Auction Service conducts. You will also be reported to HiBid / Auction Flex as a non-paying bidder, which could result in a loss of bidding privileges with other auction companies.
9. Neither the company providing the software nor RJ's Auction Service shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications will be sent to registered bidders with updated information as deemed necessary by RJ's Auction Service.
10. Server & Software Technical Issues: In the event, there are technical difficulties related to the sever, software or any other online auction-related technologies, RJ's Auction Service reserves the right to extend bidding, continue the bidding, or close the bidding.
11. AUCTIONEER'S DISCRETION: RJ's Auction Service has full discretion to modify the date and time, order, and any other detail(s) of the sale of any asset, or conduct, of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of RJ's Auction Service or the seller.
12. The Auctioneer has the sole discretion to advance the bidding and may reject all bids which, in the Auctioneer's sole discretion, do not advance and / or are injurious to the Auction, including but not limited to nominal, suspicious and / or suspect advances.
13. The Auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute, Auctioneer's determination of the successful bidder shall be the final determination of the successful bidder.
14. By placing a bid, you agree to all the Terms and Conditions of the Auction which are set forth and expressly acknowledge and affirm that you have read and are familiar with the Terms and Conditions of the Auction.
15. All sales are final upon the determination of the successful bidder by the Auctioneer.
16. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the item being auctioned.
17. WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "As Is, Where Is" with NO WARRANTY OR GUARANTEE expressed or implied, other than authenticity. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. Items that are part of a court-ordered sale are subject to court approval.
18. CATALOG DISCREPANCIES: Occasionally the wrong photo may be displayed, always read the complete description of the item. If you believe there is a discrepancy, please call 785-224-4492 to report any discrepancy.
19. PAYMENT: Accepted forms of payment include Visa, MasterCard, Discover, American Express, and cash. Payment must be made prior to picking any items up.
20. NOTICE TO BUYERS: To protect you, our Sellers, and the Auctioneer / Auction Company the following Terms and Conditions will apply in addition to any other Terms and Conditions listed for this auction. (A) Depending on several factors including, but not limited to, first time buyer, buyer not familiar to Auction Company, or amount of purchase you may be required to pay in cash or by wire transfer. (B) For those that are NOT being asked to pay in cash or by wire transfer you MUST pay for your purchases by credit card if prior arrangements have not been made. (C) If you are being asked to pay in cash or by wire transfer, we will call you to make arrangements for you to pick up your purchases or to provide you with wire transfer instructions. If you have any questions about these Terms and Conditions, please contact Auctioneer / Auction Company at 785-224-4492 before placing a bid.
SHIPPING: Shipping will be available for some lots in this auction. Please check lot description to see which lots have shipping available. All lots where shipping isn't available are for local pick up only. Sometimes we utilize a third party, a local UPS Store, as our shipper. When we utilize a third party shipper, their charges and fees are separate from ours. At the conclusion of the auction, we will send you an invoice for your purchases plus $5.00 per lot that will require shipping. Once that invoice has been paid in full we will either deliver your lot(s) to the local UPS Store or we will prepare your items for shipping Once your shipping expense have been determined you will be contacted for payment. Once your payment for shipping expenses has been received, your item(s) will be shipped. It will be your responsibility to request insurance as needed. If you have any questions, please call Rick at 785-224-4492 before placing a bid on an items that will require shipping.
21. PICK UP: Pickup location and dates - Lots that will be picked up in personal are in the Topeka, Kansas area (near SW 21st Street and SW Chelsea Drive). Pick up dates are Friday, October 20th from 11:00 to 5:00 and Saturday, October 21st from 11:00 to 4:00.
22. WINNING BIDDERS: Winning bidders will be given the exact address to pick their items up.
23. CREDIT CARD INFORMATION: We DO NOT keep your credit card information on file. IF paying by credit card you MUST enter your own credit card information when your invoice is sent requesting payment
24. The successful bidder agrees to pay all reasonable attorney's fees and costs incurred by the Auction Company, the seller and / or their servants, agents or employees in the commencement or defense of any actions hereunder as well as the collection of any obligations hereunder.
25. CHOICE OF LAW AND VENUE; WAIVER - In any matters in which RJ's Auction Service and/or any of its employees, officers, directors, shareholders, agents, or assigns is made a party, the law of the State of Kansas shall apply, without regard to its law pertaining to conflict of laws, and any dispute shall be decided in the courts of Shawnee County, Kansas. All claimants consent to the personal jurisdiction of those courts.
26. Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise, is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and / or any servant, agent, or employee of the same by bidder's participation in this auction
27. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction.
28. I agree to receive emails and text messages (message and data rates may apply) from RJ's Auction Service regarding current and upcoming auctions.
Last Updated: September 21, 2023