TERMS AND CONDITIONS
In order to access The Company Estate Sales’ (CES) services, you must read and agree to the following terms and conditions, as listed below:
Buyer’s Contract: A bid placed through the CES website is a binding contract to pay the amount bid and any fees due to CES.
If you are unable to pay for and pick up during the period specified for the auction, do not place a bid.
In addition, bidders using the CES website agree that they will not:
- Place a bid through the CES website if they are under the age of 18 years old, orotherwise unable to enter into a legally binding contract.
- Collude with other bidders or otherwise manipulate the auction process.
- Fail to complete payment for winning bids.
- Circumvent the CES fee structure for auctions.
Buyer’s Premium: It is the seller’s choice whether or not to charge a buyer’s premium. Bidders are responsible for reading and understanding the terms for each auction before bidding. Bidders are responsible for paying the buyer’s premium on any item for which they place a winning bid.
Close of Bidding: The closing time of each sale is listed on the website. Items will in the order in which they are listed on the website. On the final day of the sale, the website will list specific closing times for each item. However, any item that receives a bid within the last five minute of the closing time will automatically be extended for an additional five minutes from the time at which the bid was received. This automatic extension system will remain in effect as long as bids continue to be entered. If no bid activity is received for five minutes, the item will close and the winning bid will be registered.
Credit Card Information: Bidders agree to enter valid credit card information when registering on the site, and to update that information as needed. By entering your credit card information, you authorize CES to charge your credit card for the amount of any winning bid, as well as the taxes and buyer’s premium, if applicable. In addition, purchases over $1,000 will incur a 3% handling fee. Bidders may arrange to pay by cash, check, cashier’s check, or wire (see details below) to avoid this surcharge.
Forms of Payment: CES accepts payments via cash or check during the period specified for payment, listed with the details for each auction. Purchases over $2,500 may be made by credit card, cashier’s check, ACH, or wire.
PLEASE NOTE THAT BIDDERS WHO FAIL TO PAY AND PICK UP THE ITEMS FOR WHICH THEY HAVE PLACED WINNING BIDS DURING THE TIME SPECIFIED IN THE DETAILS FOR EACH SALE, AUTHORIZE CES TO CHARGE THEIR REGISTERED CREDIT CARD FOR THE AMOUNT OF THE WINNING BID, AS WELL AS ANY APPLICABLE TAXES AND FEES.
Item Condition: While CES endeavors to list any obvious faults in each item description, items are sold as is. CES agents assess each item and includes descriptions which indicate flaws such as cracks, chips or obvious damage. Bidders are cautioned that almost all of the items listed for sale on the CES website are vintage, antique, or second-hand and normal wear consistent with age and use is to be expected. Public previews of auctions are offered so that bidders can inspect items in person before placing a bid.
Limitation of Liability: CES maintains a list of recommended carriers and makes every effort to ensure that bidders receive items safely. However, you agree that CES is not responsible for any damage to items caused in shipment, whether or not the carrier used for shipping has been recommended by CES.
You agree that CES will not be liable for any indirect, special, punitive, compensatory, consequential or exemplary damages. The total extent of CES’s liability to you is limited to the amount of money paid by you to CES during the preceding three months.
Sales Tax: All sales are governed by state sales tax laws. Bidders who are exempt from state sales tax must provide a state sales tax exemption certificate before the sale concludes. You may be required to update your state sales tax exemption periodically by CES.
Bidding Errors: The CES system has warning systems in place that require you to confirm any significant bid increases you place after your initial bid. Please pay close attention to your bids to be sure that you do not place a bid in error. If you make a mistake, you can request to have your error requested if it is before 24 hours of the sale closing. CES will correct the error if we determine it to be have been a valid mistake. If a mistake is made within 24 hours of the auction closing, the bid will stand as entered and no corrections can be made. Bidders agree to be responsible for the bids they enter on the CES website.
Shipping: To avoid shipping fees, winning bidders may pick up their items during the schedule removal dates, as listed with each auction. If you are unable to pick up your items, you may contract with a carrier to pick up, pack, and deliver the item on your behalf. CES maintains a list of preferred carriers but maintains no liability for damage to items, as described above. If you fail to arrange for your items to be picked up, CES will charge your credit card on file for the purchase amount, as well as any associated taxes and fees. In addition, CES will charge you a minimum $10 handling fee for each item. This handling fee may be raised at the sole discretion of CES for any item that is difficult to transport.
Forfeiture of items: Bidders will forfeit items for which they have the winning bid under any of the following conditions:
- If you do not pay for your items, as well as for any taxes and fees as laid out in these Terms and Conditions, CES may resell or donate the items or restore them to the seller.
- CES may also refer your account for collection for all purchases, taxes, and fees that remain unpaid.
- You will forfeit your items if you fail to pick them up or arrange for alternate pick up and shipping through an outside carrier within twenty-one calendar days of the end of the auction. Title and ownership of the items will revert to CES, which may resell or donate the items or restore them to the seller at their sole discretion. As outlined above, CES will charge the credit card on file for any moving or disposal charges
Governing Law: Bidders agree that this Agreement will be governed solely by the laws of the State of Georgia. Any claim or dispute related to your bids through the CES website will be settled only by a state or federal court based in Fulton County, Georgia.