Tom’s Auctions Terms & Conditions:
REGISTRATION & ACCEPTANCE OF TERMS: By registering and accepting a bid number online, the Bidder (Buyer) acknowledges that they have read, understand and agree to be bound by the terms and conditions posted online in this document, or as available on the auction website, as a binding legal agreement with Great Blue Heron Treasures, LLC, dba Tom’s Auctions (Auctioneer).
ALL LOTS SOLD “AS IS, WHERE IS”: All items for bid are offered “as is, where is”, with no guarantee expressed or implied. It is the Bidder’s responsibility to preview and inspect all items for bid prior to bidding and to determine the condition of the item they bid on. The photos and information provided online serve as a guide only. Bidders may contact the Auctioneer for an appointment to inspect items in person prior to the end of the auction. The Bidder assumes all risks concerning and related to the grading, quality, description, condition and provenance of all items auctioned.
ALL SALES ARE FINAL: Bidders are responsible and liable for all bids they place – intentional or accidental. No Bidder shall retract their bid. There are no refunds or returns. Credit card chargebacks are prohibited. The Bidder understands, acknowledges and agrees that there exists no legal basis for initiating a chargeback claim for any purchased item, and the Bidder specifically agrees to refrain from the filing of any such claim. In the event that a Bidder does not receive a purchased item within thirty (30) days of payment, or the Bidder takes issue with an item’s condition, the Bidder’s only recourse shall be against the third-party shipping company’s insurance.
BIDDING: Lots close in 15 second intervals during the auction. This is a “soft close” auction. If a Bidder bids on a lot and another Bidder places a last minute bid, the lot will be extended for an additional 60 seconds, allowing for a counter bid. This will continue until no more bids are placed on the lot.
BUYER’S PREMIUM: A 10% buyer’s premium will be charged on all lots. This means that the total cost for each lot is the total winning bid plus 10%.
PAYMENT: Buyers have the option to pay by cash, Venmo, or debit/credit card. The default is payment by the card entered at registration. If a Bidder does not wish to pay with this debit/credit card, they must contact the Auctioneer prior to the end of the auction. If a request is not received prior to the end of the auction, the card on file will be charged for the purchase. Regardless of payment type, payment in full must be made by the end of the day, Sunday, following the auction. Any order that has not been paid for will be cancelled, and the items will no longer be available. The winning Bidder will be denied participation in future auctions. There is no sales tax in Oregon. The Buyer is responsible for paying any sales tax as required by their state.
REMOVAL: Pick up hours are 9am-4pm Friday, Saturday, and Sunday, following the auction. If a Buyer cannot come during these times, they must contact the Auctioneer for an appointment. Items remaining longer than 30 days after the auction date will be considered as abandoned, and will become the property of Great Blue Heron Treasures, LLC, dba Tom’s Auctions, who will resell or dispose of items at their discretion. No refund will be given.
SHIPPING: Shipping is available on most lots and availability is noted on each lot. Shipping is combined for multiple lots, and handling fees range from $5-$15 per box. The handling fee is subject to the Auctioneer’s discretion. Shipping costs will be charged as a separate transaction to the same card Buyers register with. This will take place when the shipping label is created. Payment must be made in full (winning bids plus 10% buyer’s premium, plus shipping and handling cost) before items are shipped. There is no international shipping, only shipping in the 50 US states.
INTERRUPTION OF SERVICE: Auctioneer is providing Internet online bidding as a service to Bidder. Bidder acknowledges and understands that Internet service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Auctioneer if Internet service fails to work correctly before or during the auction. Auctioneer, in its sole discretion, may void any sale, and resell any items or lots that were affected by any malfunction.
AGREEMENT FOR MARKETING: By participating in the Auction, Bidder agrees to receive periodic marketing communications from Great Blue Heron Treasures, LLC, which Bidder may opt out of receiving at any time.
ADDITIONAL TERMS: Any dispute arising as to any bidding shall be settled by Auctioneer at their sole discretion. Auctioneer reserves the right to refuse any bid and to reject a Bidder’s registration application and/or bids for any reason in their sole discretion without prior contact with the Bidder. Buyer shall hold Auctioneer harmless for any claims concerning damage or injury to persons or property incurred during loading and hauling purchases. All buyers, customers, hauling companies, and their agents release Great Blue Heron Treasures, LLC dba Tom’s Auctions, from all liability during this process. When a Bidder is awarded the winning bid on an item, that Bidder instantly becomes the new owner of that item and is completely responsible for that item. No person shall have any claim against the Auctioneer, their agents, employees, sellers, owners or principals for any injuries sustained or for any damages to or loss of property which may occur from any causes whatsoever. In the event Great Blue Heron Treasures, LLC dba Tom’s Auctions is required to employ an attorney to enforce any term of this agreement, Purchaser agrees to pay reasonable attorney’s fees, in addition to all court costs.
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