Terms and Conditions
1. The highest bidder for each lot will 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 orders or absentee bids or arrange telephone bids as a convenience to clients, Please understand that Phoebus Auction Gallery undertakes the execution of absentee bids or 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. Understand that the items sold are often of considerable age and will exhibit wear, usage, and damage often not listed in the catalog entry. If a dispute arises after the sale, our sales record will be conclusive. All legal actions concerning sales will be arbitrated or adjudicated in the sole and exclusive venue of the Hampton, Virginia, courts.
2. Each lot shall be at the buyer's risk from the fall of the hammer and shall be paid for and taken away by the buyer at the end of each day's selling. Phoebus Auction Gallery will not be responsible for loss or damage to property 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. The 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 lots in this sale are being sold subject to a reserve. A reserve is a confidential minimum price agreed upon between the consignor and 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 noted on the 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 or per item will be charged for items remaining after 10 days. If not removed in 30 days, items will be sold in lieu of storage charges.
6. All sales are for cash, Visa, Master Card, Discover, and business or personal checks with a valid ID. Unless exempted by law, all individuals will be charged a Virginia sales tax of 6% of the purchase price and a buyer's premium. Non-US-resident bidders must pay by wire transfer.
7. A buyer's premium of 24% of the successful bid price will be added to the total purchase price of all properties to be paid by the purchaser as part of the total purchase price. (2% Discount for Cash or Check in the Gallery, Day of the Auction Only)
8. All property is sold "as is." 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 or 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 catalog, bill of sale, 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 Phoebus Auction Gallery. All prospective buyers should personally inspect or have their agent inspect the property before bidding. In no event will our liability to the purchaser exceed the purchase price paid.
9. Tax: All appropriate Virginia state and local sales taxes are applied to the full purchase price of a lot, including the buyer's premium. The current Virginia sales tax is 6%. Virginia and state dealers must provide a valid sales tax exemption number to be exempt from sales tax. Virginia law provides that 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 who purchase items as gifts and have them delivered to state recipients must pay applicable sales taxes.
10. 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.
11. The gallery can provide shipping services to buyers at their request. The cost of packaging, handling, and shipping will be the responsibility of the buyer. Shipping charges for small items will be calculated by USPS, and invoices will be sent to buyers within 72 hours of the auction. Invoices must be paid upon receipt and will be shipped in the order in which payment is 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 (886) 283-6608. Owners who do not contact the gallery within 10 days will have their items sold. A storage fee of $5.00 per day or per item will be charged for items remaining after 10 days; if not removed in 30 days, items will be sold in lieu of storage charges.
12. The gallery will exercise due care and diligence in the packing and handling of purchased lots. Still, the items are shipped at the entire risk of the purchaser. Under no circumstances will the 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 for processing and packaging, plus the actual cost of shipping and insurance, will be charged to process the shipment. All shipments are insured for the appraised value or purchase price, whichever is greater. If you wish to name your shipper or agent, we will follow your instructions. Buyers or their agents may pick up items at our Phoebus Showroom if they 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 ensure the Best Value in Shipping, but all Shipping Costs are the Responsibility of the Buyer. Questions should be emailed to [email protected].
13. Acceptance of Terms and Conditions: By registering for this auction, you state that you have read and understand the above terms and conditions and agree to be bound by them at this and other auctions conducted by Phoebus Auction Gallery. Bidding on any article/lot in this auction indicates your acceptance of all the above terms and conditions. For further information, please call (757) 722-9210 or e-mail us.