Terms and Conditions RBFinearts CFL Inc. Auction/Auctioneer, Bidder, Buyer, and Seller shall agree to be bound by the following terms, conditions, and rules of the Auction as shown below. Please make sure you have read the Terms and Conditions before you bid. Any registration and/or bid placed by you, guaranteed RBFinearts CFL Inc. you have read and will abide by the following Terms and Conditions of the sale.
These Terms and Conditions control this RBFinearts CFL Inc. Auction in all regards and supersede all previous announcements, advertisements, catalogs, and published information however distributed. All announcements from the RBFinearts CFL Inc. Auction block will take precedence over any internet description or printed material. RBFinearts CFL Inc internet descriptions and printed materials are meant merely as a guide. The RBFinearts CFL Inc. does not warrant the accuracy, genuineness, authenticity, condition, description, weight, count, or measure of any of the lots specified herein. Please make yourself familiar with the merchandise you are bidding on, and again, the Terms and Conditions of the sale. The items sold are often of considerable age and will exhibit wear, show usage, and/or damage often NOT LISTED IN THE CATALOG ENTRY. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Please ask for a condition report and more pictures if you have questions about the item. Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold “As-is, Where-is”! All sales are final. RBFinearts CFL Inc. does not give refunds on sold items. If you are unsatisfied with your item, we will resell the item for you at a future auction at our normal commission rate. Statements made by Auctioneer and/or staff of Auctioneer are opinions only and should not be construed as statements of fact. All sales are recorded.
- No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.
- By placing a bid via the Internet, you signify that you have examined the items fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question.
- REGISTRATION: Bidder must register for the Auction before his/her bid will be accepted. Proper identification and credit card information will be required. Auctioneer reserves the right to refuse to register any prospective bidder for any reason.
- BUYER PREMIUM: All internet auction bidders are subject to a standard 25% buyer’s premium which will be added to the hammer price for each lot sold plus applicable sales tax. See the payment terms below.
- PAYMENT: Please do not make payment until you have received an official invoice from RBFinearts CFL Inc. Acceptable forms of payment include MasterCard, Visa, Discover, American Express, and Bank Wire except for total purchases over $5,000 which requires a wire transfer is verified. Checks and certified fund (Bank Drafts and money orders) are also accepted. There is a processing fee via platform payments that is reflective on the invoice, please see individual invoice. RBFinearts CFL Inc. also accepted credit cards in-house, to process a transaction off platform please contact RBFinearts CFL Inc. about receiving a credit card authorization form. A 1.5% processing fee is required to run the card through our merchant system used in house. A copy of the buyer’s valid ID or passport is required.
- ATTENTION: Payments for all items of jewelry, gold, and silver must be paid via bank wire transfer. There are no exceptions to this addition of our terms and conditions. The bank wire transfer information will be noted on your invoice or may contact us at email@example.com or 352-508-5738 for additional information.
- Dispute: Absentee and Internet sales must be paid for within 5 business days of the sale or, at the Auctioneers discretion, the sale may be considered null and void. Any loss incurred by the Auctioneers as a result of this delinquency will be charged to the non-performing buyer. If payment is not received prior to the 10th calendar day after the auction, a Dispute will be filed. Any issue of non-payment will be reported to the bidding platform and will be red flagged from any future auctions.
- RBFinearts CFL Inc. also accepts inhouse payment for items, credit cards and cash are accepted. A Valid ID is required for credit card payments.
- ABSENTEE BIDS: Please adhere to the bidding increments. It is possible that an item could go to another bidder for the same amount as your absentee bid. For example, if your maximum internet bid on an item is $325.00 and, the required opening bid is $300.00, the internet auction software will only bid $300.00 since that is all that is required to start the Auction. The Auction begins with you at $300.00. The next increment would be $325.00, if no one else bids you will be declared the winner. If a live auction bidder bids $325.00, they are at $325.00, not you. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid this. To make an absentee bid with our physical location instead of an online absentee bid, please call the store front at (352) 508-5738.
- IMPORTANT NOTICE: RBFinearts CFL Inc. auctions items at approximately 60 lots per hour. Occasionally, the bidding software or your internet connection may not be able to keep up with the pace of the auction. We recommend placing a realistic absentee bid for the live internet auction before the auction begins as insurance to avoid this. Occasionally, the Auctioneer may eliminate or reject an internet bid, or the auctioneer may reopen a lot after the close of the live internet bidding. In this case, we may reject your bid even if it shows you as the winning bidder. By bidding via the internet, you agree that RBFinearts CFL Inc. may award the lot to another bidder at its sole discretion under the circumstances described above or any other reasonable circumstances. Internet bids are treated just as floor bids. In some cases, due to internet lag time, the floor may respond before the internet bid is presented to the auctioneer. Auctioneer reserves the right to reject any bids that are deemed inappropriate or withdraw any item before or during the sale.
- In the unlikely event internet connection is lost during a live Auction, RBFinearts CFL Inc. Auction Services reserves the right in its sole and absolute discretion to cancel the remainder of the auction.
- SHIPPING AND PACKING & INSURANCE: RBFinearts CFL Inc. uses a 3rd party shipping and packing company. Arrangements and costs are the sole responsibility of the buyer. The buyer will pay packing, shipping, and insurance costs as charged directly to the professional company. The buyer should request a shipping quote prior to bidding. We do require tracking ability in most cases.
- Shipping Quotes: Shipping estimates can be obtained by emailing pertinent auction information such as the auction lot number, and the auction date along with the buyer’s zip code or country. Per instructions listed in the section related to shipping to firstname.lastname@example.org
- Transportation of buyer’s items: For no extra cost to the buyer, RBFinearts CFL Inc. will take the buyers items to the preferred shipper Mail Express. The buyer is responsible for payment for shipping, packing, etc. RBFinearts CFL Inc. is not responsible for packing and shipping.
- No property will be released until payment is made in full. Once the payment has been received within 24 business hours RBFinearts CFL Inc. will transport the lots to Mail Express. Within 24-72 business hours Mail Express will contact the buyer about payment details.
- STORAGE AND HANDLING FEES: Applicable fees will begin to accrue on the 13th day following in the amount of $10 per item per day until removal or if leftover 60 days from the day of the Auction, the item(s) will be considered abandoned and will be placed in a subsequent auction and sold to the highest bidder without reserve with all proceeds being retained by the Auctioneers. All items left at shipper after 30 days will be deemed abandoned and will be resold to the highest bidder.
- ESTIMATES AND RESERVES: Pre-sale estimates are intended as guides and may not be reflective of the actual gavel price. Some of the items in this Auction are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and RBFinearts CFL Inc.
- AUCTION CATALOGS: Catalogs, brochures, and internet descriptions are guides only based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. The auctioneer will not be liable for any errors or omissions. Statements made by Auctioneer and/or staff of Auctioneer whether oral or written, are only opinions and should not be construed as statements of fact.
- AGENCY: RBFinearts CFL Inc. has been hired by Seller to act as Seller’s agent in conduction of the Auction. The Auctioneer is not serving as an agent for Bidder or Buyer.
- AUCTIONEER DISCRETION: The Auctioneer, at his/her discretion, may reject any bid not commensurate with the value of the article offered. RBFinearts CFL Inc. reserves the right to withdraw any lot, or portion of a lot, from the Auction or to cancel the entire Auction without notice or liability to Auctioneer or Seller. If any disputes arise after the sale, the RBFinearts CFL Inc. Auctions Services Sale record is final and conclusive. RBFinearts CFL Inc. reserves the right to cancel any sale or remove any item prior to, or post-auction for any reason deemed necessary. The Auctioneer may reject nominal bids, small opening bids, or very nominal advances made with the purpose of disparaging an item.
- TERMS OF GUARANTEE: Each lot will be sold as is, where is with all defects and faults. No warranties or guarantees of any kind will be given by Seller or Auctioneer including any warranty of fitness, merchantability, or suitably. Bidders should whenever possible, carefully inspect each lot to determine condition and contents. All weights, counts, and measurements are approximate. Bidder acknowledges that all lots were available for inspection prior to the Auction and that he or she replied solely on their own inspection of the lots and not any information listed in the catalog or otherwise provided by Auctioneer, the Auction staff, or Seller. It is the responsibility of the buyer to obtain all possible information prior to bidding. If you are not completely satisfied with an item before you bid, DO NOT BID.
- RUGS: RBFinearts CFL Inc. does not guarantee the names, or patterns of any Oriental rugs. All rug dimensions are approximate.
- JEWELRY: Regarding jewelry, all weights, grades, sizes, and metal content(s) are approximate.
- CLOCKS AND WATCHES: Due to their delicate nature, all clocks and watches are sold as not working even though they may be working.
- ANTIQUES: Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be noted in the description. Buyers who would like to know the fine points regarding the condition should call (352) 508-5738, prior to the auction. RBFinearts CFL Inc. advises buyers to examine the item before placing a bid. All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. There is no other warranty, expressed, or implied. Each lot is sold AS IS.
- All property is sold AS IS, WHERE IS and neither RBFinearts CFL Inc. nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value.
- LIMITED RETURNS ARE PERMITTED AS FOLLOWS: If it is determined to RBFinearts CFL Inc. satisfaction that the physical condition of the property materially differs from what was described in the information listed and/or contained in the written condition reports received of if the description is, in any material respect, inaccurate. Shipping is nonrefundable.
- WINNING BIDDERS: The highest bidder for a lot as recognized by the Auctioneer, will be the buyer, subject to the satisfaction of any reserve amount for that lot. The purchaser assumes responsibility for items at the fall of the hammer. A lot is sold when the Auctioneer indicates such in a customary manner. Please see section 4: Important Notice. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the preserve. This will be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers’ bids. Auctioneers reserve the right to invoke Auctioneer’s discretion at any time during the bidding process. If any dispute arises after the sale, the RBFinearts CFL Inc. Auction Services sale record is final and conclusive. RBFinearts CFL Inc. reserves the right to cancel any sale or remove and item prior to, or post-auction for any reason deemed necessary.
- INTERNET BIDDING: All bidder names and bidders are held in strict confidence, disclosed only in the event of a question after the sale. Internet bidding is a convenience offered to our customers and Auctioneer and Auction Staff are not responsible for you not winning your bid(s) due to any human, electronic, or technical error/failure of any kind.
- Absentee Bids: If you place absentee bid(s) on the internet, then by phone, or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. RBFinearts CFL Inc. is not liable or responsible for any errors or failure to do so.
- Tie Bids: In the event of a tie between A) an internet absentee or Internet live bidder and B) a person participating on the telephone). The Auctioneer with RBFinearts CFL Inc. has the right to decide the winner based on bidding and payment performance. NOTE: In the event of a discrepancy between the House recording of the bid and the internet auction recording of the bidding will take precedence.
- POOLING: Bid rigging is a serious crime, any illegal conduct by bidder or others will be immediately reported by RBFinearts CFL Inc. to the U.S. Attorney and Department of Justice for investigation and prosecution of the law.
- Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise to dampen the bidding process, is a felony under federal law. The law provides for fines of up to $10million per violation for a corporate offender and $350,000 per violation for others, as well as imprisonment of up to three years. RBFinearts CFL Inc. reserves the right to advance the bidding to protect the seller during any instance where Bid Rigging may be occurring.
- “Every contract, combination in the form of trust or otherwise, or
conspiracy, in restraint of trade or commerce among the several
States, or with foreign nations, is declared to be illegal. Every
person who shall make any contract or engage in any combination or
conspiracy hereby declared to be illegal shall be deemed guilty of
a felony, and, on conviction thereof, shall be punished by fine not
exceeding $100,000,000 if a corporation, or, if any other person,
$1,000,000, or by imprisonment not exceeding 10 years, or by both
said punishments, in the discretion of the court.”- TITLE 15 – COMMERCE AND TRADE, CHAPTER 1 – MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE. 15 USC Sec. 1, Geographic Distribution of Convictions for All Agencies, FY 2020.
- OWNERSHIP: Ownership, possession, and the risk of loss from any cause passes immediately to the Buyer when Auctioneer announces the sale of a lot. Buyers are solely responsible for their purchases, and Seller and RBFinearts CFL Inc. will have no responsibility for lost, stolen, or damaged lots. Auctioneers clerking records will be absolute in the event of a dispute.
- SALES TAX EXEMPTION: Lake County Florida state sales tax is 7%. Applicable sales taxes will be added to the purchase price of a taxable purchases. To be sales tax exempt, a current sales tax exemption certificate, including sales tax exemption number, must be presented to RBFinearts CFL Inc., or the bidding platform (Live Auctioneers, or Invaluable) that you may have registered with to avoid paying sales tax.
- “Out of state taxes: As a result of recent and ongoing legislation, most of U.S. states now require businesses to collect and remit sales tax on online purchases made from their states. Regardless of where sellers are located, they are required to charge tax on internet orders if the state mandates it. Each state has different requirements and thresholds on what is taxed, and how much. Note that purchases shipped to or picked up in states that do not impose sales tax will not be subject to tax”. -//help.liveacutioneers.com/article.503-tax-exemptions
- LEGAL DISPUTES: Bidder agrees that any controversy or claim arising out of this Auction, or any related dealings with RBFinearts CFL Inc. or Seller, must be resolved by final and binding arbitration with no appeal permitted except as provided by Florida statue in the State of Florida in and for Lake County. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other all costs associated with the arbitration, including reasonable attorney’s fees. Notwithstanding, this requirement for binding arbitration, the parties agree RBFinearts CFL Inc. and Seller retain their right to pursue a traditional lawsuit against any Buyer for the collection of any payment due to them by RBFinearts CFL Inc. for any purchase at the Auction and it is agreed that in that event the defaulting bidder will be responsible for all of RBFinearts CFL Inc. and/or Sellers costs of collection including reasonable attorney’s fees of thirty-three and one-third percent (33.3%), plus a finance charge of two percent (2%) per month (24 percent per annum) from the date of the auction until the balance is paid in full.
- DAMAGE AND/OR LOSS: Auctioneer will have no responsibility for any loss or damage resulting from RBFineart’s staff carrying, handling, or loading any item(s) for any person. RBFinearts CFL Inc. is not liable for damage or loss of items not removed by 5pm on the 12th calendar day after the auction per Terms and Conditions.
- ACCEPTANCE OF TERMS: Registering to bid and or placing a bid of any kind indicates to us that bidder has a full understanding of the terms and conditions and accepts these terms along with the agreement to be so bound. Terms may not be amended in any way except by a signed, written agreement between RBFinearts CFL Inc. and Bidder. If there is anything relevant to this Auction that you do not understand, please ask RBFinearts CFL Inc. staff to assist you. The staff members of RBFinearts CFL Inc. want your experience to be a smooth and positive one.
- If any disputes arise after the sale, the RBFinearts CFL Inc. Auction Services sale record is final and conclusive. RBFinearts CFL Inc. reserves the right to cancel any sale or remove any item prior to, or post-auction for any reason deemed necessary.
- This agreement will be construed and governed solely in accordance with the laws of the State of Florida and that the exclusive venue for any controversy or claim between them will be in the County of Lake, Florida.