VIDI VICI GALLERY AUCTION TERMS OF SALE 

PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE REGISTERING FOR AUCTION, BIDDING OR PURCHASING ANY PROPERTY FROM US VIA AUCTION.  YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

By accessing or using the site to bid on or purchase property from Vidi Vici Gallery, you accept our terms and conditions outlined below.

All property is sold AS IS, with all faults, ALL SALES ARE FINAL and no refunds will be granted.

Prospective buyers or their agents hold the sole responsibility to inspect the property before bidding to decide their level of interest and should exercise their own judgment for determining the property value, the size, age, condition and whether or not it has been repaired or restored, etc.

By placing a bid, you signify that you have examined the property to your satisfaction or have chosen not to examine it.  We describe the property to the best of our ability, and any statements, whether oral or written, by the auctioneer or by any of the Vidi Vici Gallery representatives are mere opinions and shall not be deemed a warranty or representation regarding the property offered for sale.

Although condition reports are included in lot description, they do not document every condition defect that may be present and the absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others.   Any condition statement is given as a courtesy to the client and is only an opinion and should not be treated as a statement of fact.

All weights and measurements are approximate and may be rounded to the closest whole number.

 Vidi Vici Gallery disclaims any warranties or representation, expressed or implied with respect to the property, and in no event shall be responsible for the correctness, nor deemed to have made any representation or warranty, or description including but not limited to rarity, quality, condition, genuineness, importance, authorship, authenticity, completeness, attribution, provenance, exhibitions, literature, historical relevance, period, culture, source, medium, origin or size of the property and no statement made at the sale, or in the bill of sale, or invoice, or in the catalog, or elsewhere shall be deemed such a warranty of representation or an assumption of liability.

Vidi Vici Gallery reserves the right to reject any bid.  Property may be withdrawn from sale at any time prior to the offering of each lot.

In the event of a dispute, the decision of the auctioneer and the record of sale kept by Vidi Vici Gallery shall control.

 If property is damaged, lost or stolen during the preview period or while otherwise in possession of Vidi Vici Gallery, Vidi Vici Gallery, at our discretion, will immediately rescind the sale and send the buyer a cancellation invoice with description of property. If the payment has already been made by the buyer, Vidi Vici Gallery will refund the full payment amount including the hammer price and the buyer's premium to the buyer, who shall agree not to hold Vidi Vici Gallery liable.  Vidi Vici Gallery requires all property to be removed off premises within 14 days of the sale and if the property is damaged, lost or stolen more than 14 days after the sale, buyer shall assume all liability for damage, theft or loss resulting from failure to make timely payment and/or shipping arrangements.

 You shall honor all bids placed in the auction, and are obligated to complete the transaction if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

 You are strictly prohibited from placing bids or causing bids to be placed on any item of property for the purpose of artificially increasing or otherwise manipulating the bidding process on our auctions.

 ALL PAYMENTS ARE DUE WITHIN 7 DAYS FROM THE AUCTION DATE.

Your bid is a legally binding contract. Buyers are responsible to pay according to their invoice or contact Vidi Vici Gallery with all payment arrangements on or before to the due date. Charges for shipping, packing and insurance are billed separately after the payment clears and property is released and packed for shipment.

Acceptable forms of payment are cash, money orders, cashiers checks, VISA, Discover, Master Card or wire transfer, payable in U.S. dollars.  Returned checks are subject to a $50.00 returned check fee.

If payment is made with a credit or debit card, the buyer, by his or her acceptance of these terms and conditions, waives his or her right to file a dispute involving a "chargeback" for the items purchased using the Charge Card Association's "Reason Code 53: Not as Described or Defective Merchandise" or similar.

 For payments by check, purchases will be released once the check clears.   

 Lay-a-way payment is subject to pre-approval, please contact us before you bid.

Vidi Vici Gallery reserves the right to hold the purchased property until funds have cleared.  Vidi Vici Gallery shall also have the right to cancel the transaction in the event that payment has not been made within 7 days.

 Your successful bid is a legally binding contract. If buyer breaches his obligation to pay the purchase price in full for any lot for which the buyer was the highest successful bidder, Vidi Vici Gallery may exercise all rights and remedies under the law including but not limited the canceling the sale and offering at subsequent auction without reserve, any lot for which the purchaser has breached its obligation to pay its purchase price, and after deducting the standard commission and any additional charges that may apply still holding the purchaser liable for any deficiency.

 We may enforce our legal rights through court action and any costs incurred by Vidi Vici Gallery in the preparation for legal action are immediately accruable to the buyer and immediately due and payable by the buyer and shall be paid before the property is released.

 LIMITATION OF LIABILITY:

By making this purchase you understand that Vidi Vici Gallery shall not be responsible for any losses or damages resulting from the sale.  Vidi Vici Gallery's liability is limited to the price of the sale item.  In the event of loss or theft of your item while in possession of Vidi Vici Galley, Vidi Vici Gallery will refund the amount of any payments made by you for that particular item, unless the theft, loss or damage occurs after you have exceeded the required pickup period and failed to make appropriate pickup or shipping arrangements. In the event of loss, theft or damage in the mail, Vidi Vici Gallery shall not be responsible and the customer shall have to contact the delivery service, shipper and/or shipping company in order to obtain an insurance or other similar payment.

 BUYER'S PREMIUM & SALES TAX:

 Vidi Vici Gallery charges a buyer's premium of 25% for in-house live auction bidding, or 28% for online live auction bidding unless stated otherwise or property is purchased on a promotional NO BUYER PREMIUM auctions.

 2.5% discount from the Buyer's Premium will apply for cash or check payments if payment is made within 7 days of the end of the auction.

Buyers located in the State of California are required to pay sales tax on the total purchase price, including premium unless a tax-exempt certificate is completed and is on file with us, as specified by the State Board of Equalization of California.

 SHIPPING & PICKUP:

 Pickup is not available during auction.  Pickups will be available for 7 days from sale date, starting immediately upon conclusion of the auction. Proof of payment must be presented in order to begin pickup process or shipping arrangements.

 We offer drop off for local buyers at the price of $10 for small items and $50 for large items, within a close proximity.  Availability is limited, on a first come first serve basis. Some exceptions apply.  

 It is the buyer's responsibility to arrange pickup or shipping and all merchandise must be removed from Vidi Vici Gallery premises within 7 days of the auction. In no event shall Vidi Vici Gallery have any liability for any damage to property left on its premises for more than 7 days after the date of sale.

Shipping is the responsibility of the buyer. Vidi Vici Gallery does not ship in-house.  We are happy to work with any shipper of your choice and can provide a list of local shippers. 

 Vidi Vici Gallery is not responsible for any damage or loss that may occur during packing/shipping/transit.  Buyer agrees that all packaging, handling and delivery is at the sole risk of the buyer and that Vidi Vici Gallery shall have no liability for any loss or damage that may occur during shipping/transit.  In event that damage occurs, the buyer shall contact the shipper and/or freight company and proceed with the insurance claim according to the insurer instructions.  It is the responsibility of the buyer to request appropriately secure shipping method and insurance amount from the shipper. Please note: some shippers have limitation for antique, fragile items etc. and Vidi Vici Gallery shall not be held responsible for claims denied by the shipper. 

 International buyers shall be responsible for review and compliance with any applicable import regulations of your country and are responsible for the payment of any import duties or specialty taxes.

 Vidi Vici Gallery shall not be responsible for obtaining any permits or licenses on behalf of the buyer and no sale shall be canceled or refunded for lack of buyer noncompliance with permitting and licensing problems or shipping cost.

You acknowledge and agree that you have read and agreed to our Terms. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale.

 If the purchased and paid for property has not been removed within 7 days from the date of sale, Vidi Vici Gallery reserves the right to resell or dispose of such property as it deems fit without any refund.  If the buyer is not able to make shipping arrangements within 7 days of sale but is willing to cover storage fees and timely contacts Vidi Vici Gallery to make special arrangements, Vidi Vici Gallery may make an exception and assist buyer with storage of purchased inventory at the rate of  $10 per day, per lot, based on availability.  Vidi Vici Gallery reserves the right to refuse any requested extension for storage of purchased property beyond the 7 days. 

 COMMUNICATION

By signing up with us, you grant us the right to communicate with you via email and phone.  We may from time to time send emails notifying you of upcoming auctions and promotions.  You may ask to be removed from marketing emails by contacting us at info@vidivicigallery.com or responding to our email with a request to opt out.  It is your responsibility to ensure that your contact information is up to date.  All legal notices and communication regarding arrangements for your purchases will be sent to the email you have on file.  It is your responsibility to check that email.