Gallery 332
TERMS & CONDITIONS
Terms & Conditions
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These Conditions of Sale set out the terms upon which Gallery 332 sells property by lot in this catalogue and constitutes the entire agreement with the buyer relative to the property listed. Gallery 332 acts as owner or as an agent for various owners and consignors and reserves the right to change the terms of sale by oral announcement. Any such change shall become part of the Condition of Sale. The buyer agrees to be bound by these terms by registering to bid and/or by bidding in our auction.
Auction Overview
The auction is open to the public, and there is no admission fee or obligation to bid. The auctioneer will introduce each object for sale, hereby referred to as lots, in numerical order as listed in the corresponding catalog. Gallery 332 reserves the right to make changes in the catalog.
Registration
To bid in an online auction, the client must register and obtain approval through LiveAuctioneers; OR, to bid as an absentee or phone bidder, registration can be done through our website. All appropriate forms and further information on absentee and/or phone bidding can be found at www.gallery332.com. All clients, new or established, must provide their most up to date contact information. Bank or financial references may be required. Gallery 332 is under no obligation to approve the registration of any potential registrant.
Bidding
Any bid submitted by the client holds the possibility of being the winning bid for the indicated lot. By submitting a bid, the client is making an offer to purchase that lot for the amount of the bid, subject to the terms of this agreement. Any client who submits the winning bid is contractually bound to purchase that lot. Gallery 332 assumes no responsibility for failure to execute any bid OR for any errors/omissions made in connection with any remote bidding process.
Reserves
Some lots are subject to a reserve, which is a confidential minimum price below which an item cannot be sold. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Gallery 332. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.
Lots Without Reserves
With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, at their discretion, will generally open the bidding at half of the low estimate for the lot. The estimates that appear with each lot description are approximations reflecting the range in which the hammer price may fall; these do not present any guarantee of sale price or value. In the absence of a bid at that level, the auctioneer may proceed backwards at their discretion until a bid is recognized, and then continue up from that amount.
Auctioneer Discretion
The auctioneer determines the highest bidder and selling price of every lot. They reserve the right to advance the bidding, refuse any bid, or withdraw any lot as they deem most appropriate. They may re-offer and resell any lot and will be responsible for resolving any dispute in bidding. The judgment of the auctioneer is final and binding.
Ownership
Title passes upon the fall of the hammer to the highest successful bidder subject to the discretion of the auctioneer, at which point the bidder assumes full risk and responsibility.
Property purchased from Gallery 332 by the successful bidder will not be released to such bidder until the full payment of the total purchase price (including the buyer premium and online bidding service fee, applicable shipping fees, and all applicable sales taxes) have been made. Once payment has been received and cleared, lots purchased may be released to client.
AUCTION CATALOG & CONDITION REPORTS
Gallery 332 has endeavored to describe all items being sold accurately, but all items are offered strictly "as is", and it is the bidder's responsibility, regardless of bidding method, to determine the condition of each item. No statement in the catalog, bill of sale, invoice, or elsewhere by a representative of, or employee of Gallery 332 shall be deemed to be a warranty, guarantee, representation, or assumption of liability with respect to age, condition, size, quality, variety, importance, provenance of historical relevance of any of these items. Items listed in the catalog are for reference use only, description of items are no guarantee to the exact condition and / or age of any described item in the catalog. Neither Gallery 332 nor its consignor(s) make any warranties or guarantees regarding items for sale.
Condition
The condition of the items are as pictured. When possible, Gallery 332 will provide our opinion of condition, answer any questions, and provide additional photographs per the request of the client. Any such opinion is not a statement of fact but is given to the best of our knowledge. In order to request a condition report, please email Gallery 332 directly at info@gallery332.com using the subject line CONDITION REPORT REQUEST and including the lot number in the body of the email.
Listing Accuracy
Gallery 332 is not responsible for errors or omissions in the catalog or in written or oral condition reports. All measurements are approximate. Gallery 332 makes every effort to accurately describe its merchandise, but in the event that errors occur, Gallery 332 shall not be held responsible. It is the responsibility of the potential buyer to be well informed before bidding. Bidding in our sale indicates your acceptance of these terms and any terms announced the day of the auction.
Photography
Gallery 332 makes every effort to ensure that each listing accurately reflects the item being sold in the condition at the time of sale. All lots are photographed to best and most accurately convey the item being sold, its attributes, and its current condition. Gallery 332 reserves the right to perform minor photo editing only as it pertains to that end. These edits may include digitally isolating objects from background elements unrelated to the sale of the item, removing glare or reflections specific to the photography environment, or preforming lens color correction. Gallery 332 will never intentionally make digital alterations that will in any way obscure material flaws in the item.
Authenticity
Gallery 332 guarantees the authenticity of each lot as indicated in the catalog. This guarantee is in effect for 30 days after the auction in which the lot was sold. Said guarantee does not apply to those lots listed as IN THE STYLE OF, ATTRIBUTED TO, THE SCHOOL OF, IN THE MANNER OF, or AFTER. If the authenticity of a purchased object is contested, it must be made known to us within 30 days of the sale in which the object was purchased as follows: a written letter from a noted authority provided to us that declares the object to be executed by someone other than the artist listed. This authority may not have any vested interest in the work of the artist or the estate of the artist. The object must be returned to us in the same condition in which it was purchased. If it is determined that a piece is not authentic, only the purchase price may be refunded; there will be no compensation for damages, loss of profit, professional fees, transportation or any other costs.
Condition of Paintings, Drawings, Prints, and Bronzes The normal darkening of varnish over time is not considered to be problematic, and accordingly any such darkening will not be noted in the description.
Condition of Frames
The condition listed in the catalog refers specifically to the item itself and is not inclusive of any frame or matting. If pictured, frames will be provided with lots as is. We cannot guarantee the condition of frames. Every effort is made to protect the frames included with lots during pre-auction storage and prior to pick up or shipping. However, Gallery 332 shall not be responsible for any damage to frames, and no refunds will be granted due to frame damage.
Ceramics
Ceramics offered in the sale are free of repairs, chips, or cracks post-production unless pictured or noted in the catalog description or condition report. Crazing, surface scratches, firing lines or flaws, bubbles, areas where glaze crawls, stilt marks, firing flaws and base flakes will be noted if it is determined they are objectionable. Carved vases often will have flakes on the edges of leaves or on points in high relief; this will only be mentioned if determined to be objectionable. Some framed tiles or plaques may have chips that are hidden by the frame; any such chips will not be mentioned unless considered to be significant. Please ask questions before you buy.
SHIPPING
The buyer is responsible for their shipping arrangements, and all purchased items must be collected within thirty (30) days of the sale. If items are not collected after (30) days of the sale buyers will incur a $5/day storage fee that must be paid before items ship. Gallery 332 does not pack and ship. As a convenience to the buyer, Gallery 332 will make a referral for packing and shipping through our preferred vendors. This is at the request, expense, and risk of the buyer. Gallery 332 assumes no responsibility for the items or the timing of delivery. Insurance for in transit items is the responsibility of the buyer. The buyer MUST reach out to their selected shipping company to arrange shipping. Gallery 332 is not liable for any damage to lots caused by shippers; all such claims must be settled between the buyer and the shipper.
Local Pick Up
Local buyers can arrange to pick up their item(s) at our Chicago area location. Pick-up dates will be provided to winning bidders when the auction closes. An appointment for pick up must be arranged at least two (2) business days in advance. Pick-up appointments may not be available after (14) days from the auctions close. Please contact us by email at info@gallery332.com to make an appointment. All buyers choosing this option must provide photo identification upon arrival OR provide written authorization for pick up by a specified representative emailed to info@gallery332.com prior to the pick-up appointment.
Shipping Condition
In order to maintain clear lines of communication and ensure the highest quality product, we are unable to accommodate requests to in any way alter the purchased item prior to shipping. This includes, but is not limited to, the removal or addition of any frames or housing items other than those absolutely necessary for the purpose of shipping.
Autopay
If you have not contacted Gallery 332 to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.
Sales Tax
Online purchases from Gallery 332 may be subject to sales tax.