Conditions of Sale for Auction
This constitutes Merces Gallery’s and the Consignor’s entire agreement with the purchaser relative to the property to be sold at auction. The following Conditions of Sale are the complete and only terms and conditions on which all property is offered for sale. All property is sold “AS IS” and neither we nor the Consignor makes any guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalog or other description of the authenticity of authorship, provenance, exhibitions, literature or historical relevance of the property or otherwise.
No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Merces Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been restored. We and the Consignor make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. We reserve the right to withdraw any property before sale. Unless otherwise announced by the auctioneer, all bids are per lot as numbered. We reserve the right to reject any bid. The highest bidder acknowledged by the online bidding system will be the purchaser.
In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales record is conclusive. Although in our discretion we will execute order bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omission in connection therewith (applies to Live Sales only, no phone/absentee bids for Online-Only Sales). If the auctioneer decided that any opening bid is below the value of the article offered s/he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, s/he decides that any advance thereafter is insufficient, s/he may reject the advance. All sizes are approximate. All transactions must be complete before property is removed from the premise.
Possession of purchased property will not turn over to bidder until checks have been cleared or arrangements for payment have been made with Merces Gallery. Cash (in house only), certified check, Master Card, Visa, Discover, (bank)wire transfer, PayPal to [email protected], or personal checks with prior approval are acceptable terms for purchases. All sales are final. If an article sold cannot be delivered by reason of theft, breakage, or other damage prior to check-out, the sale shall be deemed canceled without any liability on the part of Merces Gallery. All merchandise must be paid for and picked up or shipping arranged immediately following the sale, in no case later than (6) days following the sale, by 5PM. Items not picked up by the deadline will be charged a storage fee of $10/day per lot. Additional charges may apply to oversize lots. Shipping can be arranged through any third-party shipper. Merchandise not picked up will be re-auctioned or resold without further notice to the purchaser and payments will be forfeited. Further, in the event of loss or such resale, the original will be responsible. Property not picked up within one (1) month may be re-auctioned or resold without further notice to the buyer, and payment will be forfeited. Merchandise will be packed and transported by the purchaser at their own risk and expense. Bidding on merchandise automatically constitutes agreement with these terms. IMPORTANT NOTICE: A premium of 25% will apply to all property sold online, to be paid by buyer as part of the purchase price. Phone & absentee bids are available until 5pm the day before the sale (applies to Live Sales only, no phone/absentee bids for Online-Only sales).
Successful bidders are expected to make payment in full before the lots are shipped/delivered. Payment may be made by good check, money order, Visa, Master Card, American Express, Discover, bank wire transfer or cash, Paypal. Do not send cash through the mail. Payments are due within (6) days after the auction ends. Any winnings not paid after (6) days will remain the property of Merces Gallery at the bidder’s expense. Any loss incurred by the Auctioneers as a result of this delinquency will be assessed after (6) days from auction date and charged to the bidder. A 10% late charge will be added to all accounts that exceed this (6) day period. Please remember to give us your credit card # as you sign in as we do not keep any on file. Merces Gallery reserves the right to prohibit bidders with delinquent payments from participation in future events and services. All items must be paid in full before items are removed from premises. No exceptions! Your credit card payment number must match your shipping address that you have on file, or the purchase will not be completed.
Our shipping and logistics teams work with sellers, shippers and buyers to facilitate pickups and deliveries directly to you. Please note that delivery methods and times may vary based on your purchase, your location and the shipping service you select. Delivery times are estimated and cannot be guaranteed.
Standard & Express shipping for orders has an estimated delivery of 2-6 weeks from the date the order is placed. Shipping is provided via USPS, FedEx, UPS or DHL from the seller’s location to you and delivered to your door. Liability coverage for property in transit is recommended.
We currently ship to over 70+ countries internationally from the US. Items that are shipped internationally may be subject to customs duties, taxes or other fees set by the destination country and are solely the customer’s responsibility. These fees are in addition to the price and shipping cost and are typically collected prior to delivery depending on your destination. It is the customer’s responsibility to ensure that the item(s) can be legally imported into the destination country. Regulations may prohibit importation of items made with exotic materials.
All shipping costs and associated fees are to be paid for by the winning bidder prior to shipment of auction winnings. Shipping costs will be determined based on product type, size, weight, delivery method, and destination. A minimum charge of $15.00 for shipping and handling will be added to invoices for material that is shipped. We must ask all customers who use a P.O. Box for their mailing address to include a residential address when shipment of larger lots. The tracking number will be provided once the merchandise has shipped. These costs will be added to your invoice. SHIPPING COST IS NOT REFUNDABLE.
Description & Condition Report
Any description statement is given as a courtesy to a client, is an opinion and should not be treated as a statement of fact and Merces Gallery shall have no responsibility for any error or omission.
All lots are sold in the condition it is in at the time of sale. The condition report is provided to assist you with assessing the condition of the lot and is for guidance only. Any reference to condition in the condition report for the lot does not amount to a full description of condition. The images of the lot form part of the condition report for the lot. Certain images of the lot provided online may not accurately reflect the actual condition of the lot. In particular, the online images may represent colors and shades which are different to the lot’s actual color and shades. The condition report for the lot may make reference to particular imperfections of the lot but you should note that the lot may have other faults not expressly referred to in the condition report for the lot or shown in the online images of the lot. The condition report may not refer to all faults, restoration, alteration or adaptation. The condition report is a statement of opinion only. For that reason, the condition report is not an alternative to taking your own professional advice regarding the condition of the lot. NOTWITHSTANDING THIS ONLINE CONDITION REPORT OR ANY DISCUSSIONS CONCERNING A LOT, ALL LOTS ARE OFFERED AND SOLD “AS IS” IN ACCORDANCE WITH THE CONDITIONS OF SALE/BUSINESS APPLICABLE TO THE RESPECTIVE SALE.