Conditions of Sale
AUCTION TERMS & CONDITIONS OF SALE: PLEASE READ ALL TERMS BEFORE BIDDING. PLACING A BID CONSTITUTES FULL AND COMPLETE ACCEPTANCE OF ALL TERMS AND CONDITIONS OF SALE.
1. This is a liquidation sale. All items are sold AS IS WHERE IS and all sales are final. All lots are sold with no guarantees of any kind, with all faults, imperfections and errors of description, regardless of statement of condition made from the auction block on in the description or title of the lot in the catalog. Buyers shall rely entirely on their own inspection and their own knowledge. Gallery 63 is not responsible for genuineness or authenticity of any lot. Catalog descriptions are provided as a courtesy and are made to the best of our ability. No warranty whatsoever is given by Gallery 63. No credits or refunds shall be given, even in the event of an error in the listing. Gallery 63 has full discretion to refuse any bids, prefer floor bidders on tied bids, to divide any lot, to combine any two or more lots and to withdraw any lot from the sale without giving reason(s).
2. Bidder is responsible for knowing which item he/she is bidding on. If unsure, bidder should inquire or refrain from bidding. If you become the winning bidder, you have entered into a legally binding contract and are expected to pay for the item(s).
3. Payment is due the day of sale for in-house bidders. For internet, absentee and phone bidders, payment in full is required within 5 business days of the date of sale. Gallery 63 will email (to the address provided on the bidding platform) successful internet bidders an invoice within 48 hours of the end of the auction. If you do not receive an invoice within 48 hours, please contact the Gallery directly at 1-404-600-3445 or email us at [email protected] to confirm email address.
4. All merchandise must be picked up within 15 days of the date of sale. Items left beyond 20 days after the sale are subject to a $20 per item per day fee. Any storage fees accrued must be paid prior to item being picked up. After 30 days, item(s) may be resold at Gallery 63 discretion with the proceeds going towards storage fees, without further notice. No refunds or credits will be given.
4a. Shipping is the sole responsibility of the purchaser. Gallery 63 assumes no responsibility for the choice of shipper or the handling of the shipping company, regardless of whether or not Gallery 63 provided the name of the shipping company. For small items such as jewelry, Gallery 63 offers packing and shipping solutions to buyers at a nominal rate. For any large items such as furniture it is solely on the buyer to arrange shipping.
5. All sales are subject to a 8.9% Georgia sales tax unless a valid resale number is provided and proper form completed and submitted to Gallery 63 prior to payment of invoice or item(s) are shipped out of state by common carrier and bill of lading is provided.
6. A buyer's premium will be applied to all auction purchases.Buyers premium is 28% for all purchases. Payment made via credit or debit card are subject to a 2% surcharge. All purchases online over $5,000 (five thousand) USD must be paid by wire or cashier's check.
7. The absence of a condition report does not mean the item is free of damage or defects. It is the buyer's sole responsibility to inspect and/or preview all lots prior to auction and/or to request a condition report prior to sale. Items sold are often of some age and as such may have associated wear. If you are unsure of the condition, please refrain from bidding as ALL lots are sold AS IS WHERE IS and by placing a bid in the auction, the bidder is accepting item in its current as sold condition.
7a. Chandeliers and light fixtures offered may be of some age. We strongly recommend a licensed electrician inspect any light fixtures (lamps, chandelier, etc.) prior to having them installed. Gallery 63 accepts no responsibility for the wiring or lack of wiring of any light fixture.
7b. Watches may be subject to aftermarket enhancements. Bidders are encouraged to request a full condition report for further clarifications on individual items.
7c. Gemstones may have been enhanced or treated. Bidders are encouraged to request a full condition report for further clarifications on individual items.
8. We accept the following methods as payment for auction purchases: American Express, Visa, MasterCard, & Discover, Cashier's or Certified checks. Cash is accepted for in person payments only. There will be a $30 returned check fee for any and all check payments that are returned. There is a flat $15 fee for domestic wire transfers and $16 for international wire transfers.
9. Absentee, phone and internet bidding are offered as a courtesy and Gallery 63 accepts no responsibility for a missed bid or withdrawal of any lot for any reason with or without notice.
9a. Notice to internet and absentee bidders: The Auctioneer has full discretion in the event of a tie bid and will recognize the bid that he/she sees first and has the right to prefer bids from in person bidders on the floor. Therefore, it is possible for an item to sell to a floor bidder at the exact bid left by an internet bidder. For example, if an internet bidder leaves a bid of $1000, but the auctioneers receives a floor bid for $1000, the auctioneer may recognize the floor bidder and the item would sell at that bid to the floor bidder if there are no advances to the bid.
10. Auction catalog items are described to the best of our ability and knowledge and are subject to change. Gallery 63 is not responsible for errors of description. The auctioneer reserves the right to make verbal corrections at the time of sale.
11.Upon the fall of the hammer (the auctioneer saying "sold"), the title and responsibility for each item or lot passes to the winning bidder/purchaser. In the case of a disputed bid, the auctioneer, at his or her sole discretion, will determine the successful bidder or may re-offer and resell the article in dispute.
12. Submitting any bid on any item constitutes bidder's acknowledgment and acceptance of all terms and conditions of sale. In the event a bidder refuses to comply with any terms of sale, including failure to pay for any item, Gallery 63 has the right to pursue any and all legal remedies available under the laws of the State of Georgia.
13. We cannot guarantee the authenticity of any item especially Chinese or Asian art. These are often if not usually copied from pre-existing models or examples, the dating of such objects is often very difficult and opinions vary from one expert to the next. Subsequently, we strongly encourage all prospective buyers to carefully examine and inspect any and all items they wish to bid on before the auction. Gallery 63 is open daily Monday-Friday and any prospective bidder is well within their rights to bring an expert to inspect the piece.
13a. Sometimes jewelry will be sold at "attributed to" or "in the manner of". "Attributed to" means that the item bears a signature and is consistent with other pieces we have sold, however it comes with no guarantees of authenticity. "In the manner of" means that the item is in the style of an artist, but not signed.
13b. All purses are sold as authentic.
13c. While Gallery 63 makes every effort to accurately describe the pieces we have, we are not experts in every field. It is highly recommended that prospective buyers inspect every item in advance, ask for a condition report on the item, and contact experts to inspect items on your behalf.
We are not gemologists and do not have the laboratory or experience to tell the difference between the new synthetic man made stones and stones from the earth. They are indistinguishable by the naked eye and even qualified gemologists have difficult determining the difference. Please bid using information and experts available to you in advance.
14. We do not guarantee the accuracy of our descriptions. Experts may disagree. We are not experts in all subject matters. All descriptions are done to our best effort. Buyers are encouraged to ask questions and preview any lots they are interested in and make their own informed decision. No refunds will be given due to errors in lot descriptions or titles. Should Gallery 63 agree to issue a refund on any purchased inventory, it will be given exclusively in the form of an in store credit minus a 20% restocking fee.
I have read and understand these Terms of Sale. I ACCEPT them in their entirety as a condition to bid at Gallery 63.
Shipping Terms
Shipping :
Gallery 63 offers in house shipping for jewelry and small items (books, small trinkets, coins, etc.). Any items that are extremely fragile or large will need to be shipped via UPS or freight. We ship all packages via UPS signature confirmation. Standard domestic rate for just jewelry is 21USD. Multiple pieces of jewelry can be included if they fit in the box. For small items, you will receive a separate shipping quote from us directly after paying for your invoice. For invoices over 5000USD we recommend overnight shipping which is typically 75 dollars domestically plus 2% for optional insurance. Rates may vary with weight and distance.
- Local Pick up
For in-state (local) buyers pick up is Monday, Tuesday & Thursday from 11am-3pm. If you are picking up furniture please bring help. If you are picking up fragile items please bring boxes and wrapping paper. Items need to be picked up within two weeks of paying your invoice. For all other items, please see the list below.
Sales tax
All customers without out of state shipping address or valid GA Tax ID are subject to 8.9% sales tax.
Buyers premium
Buyer's premium is 28% for all payment methods.
