Conditions of Sale
All property is sold "AS IS", and neither O'Gallerie nor the Consignor makes any representation or warranty, expressed or implied, as to the merchantability, fitness, or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property. By bidding, you agree to these Conditions of Sale.
A Premium of Twenty Percent (16% Buyer's Premium + 4% online fee) of the successful bid price will be added to the bid prices and is payable by the buyer as part of the total purchase price.
On the fall of the Auctioneer's hammer, title to the offered lot or article passes to the highest bidder who assumes full risk and responsibility thereof. The Auctioneer has sole discretion in the acceptance of bids and in the determination of the highest bidder.
All State and Federal laws will be observed regarding the sale of handguns. If you are not a resident of Oregon, you must have a current Federal Firearms License to take delivery of firearms, or have an FFL holder in your state take delivery of firearms for you. Firearms purchases are subject to a $12 background check fee.
All purchases are to be paid for either by cash, check, cashier's check, bank wire, VISA, Mastercard or Discover, during or immediately after each Auction. Credit card information is requested as part of the registration process. If payment arrangements are not made within one week following the auction, your credit card may be charged. O'Gallerie reserves the option to hold purchases until checks clear the bank, or until authorization is obtained on credit cards or Cashier's Checks.
No lot may be transferred to another buyer.
Removal of purchases, including packing & shipping arrangements if needed, is the sole responsibility of the buyer. Purchases may be removed during or at the conclusion of each auction session beginning at 7 P.M. (except pianos, chandeliers, large carpets, or clocks), but not during the days of the Auctions or Preview Hours. Additional checkout times are three business days following the Auctions, at which time all purchases are to be paid for and removed. Because of lack of storage space, purchases not picked up within the three business days following the Auction may be moved to a public warehouse at the purchaser's account, risk and responsibility. Additionally, O'Gallerie has the option to resell the property either privately or at auction without any requirement for notice or advertisement. The purchaser will be liable for any deficiency, all costs, including handling, storage fees and insurance, our commission(s) at regular rates or incidental damages.
If O'Gallerie should be prevented by fire, theft or any reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser.
All lots in the Catalog may be subject to a reserve (a confidential minimum price below which the lot will not ordinarily be sold). We as the Agent for Consignor may place bids during the auction if and when the highest outstanding bid at any time during the sale is below the reserve which may have been established on the lot being offered. Consignors are not allowed to bid on their own property.
No reference to imperfections is made in the catalog descriptions or verbally by the Auctioneers. Since all sales are final and O'Gallerie makes no refunds, please verify our descriptions and carefully view the property at a preview before you bid. No employee of O'Gallerie is authorized to make on our behalf, or that of the Consignor, any representation or warranty, oral or written with respect to any property.
O'Gallerie reserves the right to withdraw any property at any time before actual sale, or reject a bid from any bidder.
Online Payment
We may allow you to pay for items you win using an online payment service powered by WePay, Inc. ("WePay"). Your use of the WePay payment service (the "Payment Service") is solely governed by WePay's Terms of Service and Privacy Policy located at www.wepay.com/legal (collectively, the "WePay Terms"). All transactions, using the Payment Service or otherwise, remain subject to the applicable terms and conditions herein (including the refund policies posted therein). You may not use the Payment Service to engage in activities prohibited by the WePay Terms or otherwise to violate applicable law.
If you use the Payment Service, you will be required to provide information regarding your credit card or other payment instrument. You represent and warrant to O'Gallerie that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay O'Gallerie the amount that is specified for the item(s) you are purchasing in accordance with the applicable terms and conditions herein. If after three (3) business days you fail to pay for the items you win in full, O'Gallerie reserves the right to charge your credit card on file the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges.)
In the event you file a chargeback with your credit card facility to reverse or invalidate a processed payment, O'Gallerie and WePay have the right to contest any such chargeback in accordance with the WePay Terms. We and/or WePay may request necessary information from you to contest the chargeback. If the chargeback is contested successfully, your payment will be released to WePay. If a chargeback dispute is resolved in your favor, you will recover the chargeback amount through your credit card facility.
Condition Information
As stated in our Terms & Conditions, condition information is not included in our lot descriptions. If you are unable to personally inspect the property, it is your responsibility as a prospective buyer to inquire as to the condition of a specific lot before bidding. Condition information can normally be made available, upon request, within one business day. Any condition information made available is done so as a courtesy. It is only an opinion and should not be considered to be a statement of fact. O'Gallerie accepts no responsibility for any error or omission.
Packing/Shipping
Although shipping arrangements are the sole responsibility of the buyer, O'Gallerie offers packing & shipping services via UPS only, to destinations within the U. S. only, for a nominal fee. An outside shipping company would need to be used for items that are either too large to be sent via UPS or that need to reach destinations outside the U. S. We strongly encourage prospective buyers to obtain shipping quotes prior to bidding. Please note that we do not ship ammunition, unset gems, stamps, gold/silver bars, coins/currency/bullion or anything animal related. For more information, please refer to our Terms & Conditions.
Payment
Sales Tax
Shannon's LLC Fine Art Auctioneers acts solely as an agent for various
owners and consignors. It exercises care in describing all items listed
and uses judgment in attributing authorship, but offers no guarantee
regarding authenticity, condition, or description. The items described
in this catalog, which description may be amended by notice or
announcement at sale time, are offered for sale by Shannon's LLC as
agent for various owners or others authorized to sell the items.
Hereinafter, Shannon's LLC is referred to as the Sellers agent. The
owners or others authorized to sell the items are hereinafter referred
to as Sellers. The person or persons acknowledged by the auctioneer
to be the highest bidder on an item shall be hereinafter referred to as
the Buyer or Buyers.
Shannon's LLC reserves the right to change the terms of sale by oral
announcement. Any such change shall become part of the Conditions
of Sale. By placing of a bid, whether present at the sale in person or by
agent, by written or oral bid, or other means, the Buyer
agrees to be bound by these conditions of sale.
1. The highest bidder acknowledged by the auctioneer shall be the
Buyer. In the event of any dispute between bidders, the auctioneer
has the absolute discretion to determine which bidder is the
successful Buyer or to re offer the item in dispute and resell it.
2. In the event of any dispute after the sale, Shannon's LLC's record
of the final sale price and of the successful buyer shall be conclusive,
Shannon's LLC reserves the right to withdraw any item before
or during the sale.
3. Shannon's LLC reserves the right to sell items which are not listed
in the catalogue.
4. Items in the auction are sold subject to a reserve. Such reserve is
confidential, but in no case will the reserve exceed the low estimate.
The auctioneer may reject any bid or increment not commensurate
with the value of the lot.
5. Order bids are accepted. A deposit may be required. Absent parties
may place bids by mail, email, fax or in person prior to the sale.
Order bids must be placed 24 hours prior to the day of sale.
Shannon's LLC will execute such bids up to the maximum amount
specified. NO PHONE BIDDING WILL BE AVAILABLE FOR THIS SALE. Shannon's is not responsible for errors or omissions
in the execution of these bids.
6. A premium of 25% of the successful bid up to and including
$500,000, and 17% on any amount exceeding $500,000 per lot,
will be applied to the individual hammer price of all lots sold, to be
paid by the buyer as part of the purchase price. Payment may be
made by cash, check or wire transfer. Visa or MasterCard may be
used up to the amount of $25,000 per auction. Purchases are subject
to 6% CT sales tax. ALL ITEMS MUST BE PAID FOR WITHIN
14 DAYS OF THE SALE, AT WHICH POINT THEY WILL BE
RELEASED FOR SHIPMENT OR DELIVERY.
7. Limited Warrantee: Although Shannon's LLC exercises due care in
describing the items listed and use good judgment in attributing
authorship; it does not make any express or implied warrantee as
to such authorship. Notwithstanding, Shannon's LLC may, but
shall have no obligation to, consider any reasonable request for
refund on the grounds of authenticity of authorship only and only
under the following conditions:
A. Notification must be made to Shannon's in writing within 7
days of receipt of the item.
B. The items must be returned within 28 days of the sale, accompanied
by written testimony from a recognized authority that
the lot in question is a forgery.
C. The limited warrantee does not extend to the lots identified as
attributions, school, circle, manner, or after.
D. The limited warrantee is applicable only to the original Buyer.
8. All property is sold "as is"
9. As a convenience to the Buyer, Shannon's LLC will make a referral
for packing and shipping. This is at the request, expense, and risk
of the Buyer, and Shannon's assumes no responsibility for the
items or the timing of delivery. Insurance for in transit items is the
responsibility of the buyer.
10. Shannon's has retained the Art Loss Register to check all
uniquely identifiable items offered for sale in the catalog that are
estimated for $5,000 or more against the computerized database
of stolen or lost artwork maintained by the Art Loss Register. A
search certificate can be provided by the Art Loss Register for an
additional fee. The Art Loss Register can be reached by mail at 108
West 39th Street, Suite 506, New York 10018 or by email at
[email protected]. The Art Loss Register does not guarantee the
provenance or title of any catalogued item against which they
search, and will not be liable for any direct or consequential losses
of any nature howsoever arising. The statement is not to affect,
detract from, or override Shannon's Conditions of Sale, and in the
event of any conflict, Shannon's Conditions of Sale will take
priority to the terms of this statement.
BIDDING AT THIS AUCTION, WHETHER IN PERSON, BY AGENT, ORDER BID, TELEPHONE, INTERNET OR OTHER MEANS, CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE "CONDITIONS OF SALE".
Your Bid is a Contract
Please bid only if you will honor any purchases that you make. All State and Federal laws will be observed regarding the sale of firearms. Those who are outside the United States are not eligible to purchase firearms. We strongly encourage prospective bidders to familiarize themselves with the firearms laws in their home state prior to bidding. Since we are a licensed firearms dealer in Oregon, Oregon residents can take delivery of firearms purchases in person without a Federal Firearms License (FFL). Oregon residents who do not have a current FFL are subject to a $12 fee for a required background check. Those who are not residents of Oregon and do not have an FFL will likely need to have an FFL holder in their state take delivery of firearms purchases on their behalf. In addition to the required background check fee, FFL holders normally charge a fee for providing this service. For a searchable database of nationwide FFL holders, please visit http://www.gunauction.com/help/fflnetwork.cfm. In many cases, firearms can only be shipped to Federal Firearms License holders.
