This service is operated by Redpoint Consulting Limited.
The services provided by Redpoint Consulting Limited ("Redpoint") through the Website ("Service" or "Services") and the use of the Website are governed by these Terms and Conditions ("Terms and Conditions"). By accessing or using the Services or the Website or by registering as a bidder ("Bidder" or "User"), you agree that
If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims)
The Terms and Conditions together with any additional terms and conditions specific to a particular auction constitute the entire agreement (the "Agreement") between Redpoint and User and replace any earlier version of the Terms and Conditions.
Redpoint may amend the Terms and Conditions at any time, at Redpoint's sole discretion, without notice. Any amendment of the Terms and Conditions will be displayed on the Website. Use of the Services and the Website constitutes an acceptance of the current Terms and Conditions.
Role of Redpoint.
Redpoint provides the Services and the Website only as a service for auctioneers ("Sellers") who offer for sale items and Bidders may may bid these items. Redpoint is neither a principal with interest in the transactions, nor an agent of Bidder or Seller. Redpoint does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets or offerings, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings.
Redpoint makes no representation or warranty of any kind as to the ability of either Bidder or Seller to complete a sale in accordance with these Terms and Conditions or otherwise, and in accordance with any additional terms and conditions specific to a particular auction.
Redpoint does not have the power to transfer title of any assets offered by Sellers.
Redpoint may at its sole discretion to block any User who does not comply with the Terms and Conditions.
In the event of any dispute regarding any transaction conducted through use of the Services or the Website the User hereby releases Redpoint, its partners and subsidiaries, and their respective directors, employees, agents and successors in title and each of the foregoing, from any and all manner of action or claim and from any and all losses, damages, costs or expenses, including without limitation court costs and legal fees, which User may have against the Released Parties.
In particular, Redpoint shall not be held responsible for any loss, damage or cost or expense arising from the use of the Service, or in Redpoints' failure to provide The Service. The Service is not guaranteed to be error free or to be available at any time.
Terms &
Conditions of Sale
THE PLACING
OF A BID SHALL CONSTITUTE ACCEPTANCE OF THESE CONDITIONS OF SALE BETWEEN BIDDER
AND GOLDEN OAK ONLINE AUCTIONS ("GOOA")
BIDDING
1. ALL bids are per lot, as numbered in the online presentation. GOOA, as agent for the consignor, shall regulate the bidding and shall determine the manner in which the bidding shall be conducted. GOOA reserves the right to withdraw any lot prior to sale (without liability to any potential purchaser or agent), to re-offer any withdrawn lot, and to refuse any bid believed not made in good faith. Estimates of sales prices contained in the online presentation reflect the best judgment of GOOA and its consultants.
2. (a) Bids
shall be made in the increments set forth on the website. Bidding steps are as
published in the following link: click here to see them online. Bids made out
of increment will be reduced to the next increment. Example: $603 bid will be
reduced to $600, etc.
(b) The
highest bid acknowledged by GOOA shall prevail. Should a dispute arise between
bidders GOOA alone shall determine who the successful bidder is and whether to
reoffer the lot in dispute. Should a dispute arise after the sale, GOOA's records
shall be conclusive. On all lots sold, a commission of 20% on the hammer price
is payable by the buyer to GOOA together with any sales and use tax or customs
duties.
3. (a) GOOA
reserves the right to bid on behalf of clients (and consignors or vendors) but
shall not be liable for errors and omissions in executing instructions to bid,
however received, and whether such errors or omissions be those of the bidder
or agent or those of GOOA.
(b) Some
lots being offered may be subject to a reserve price.
(c) In some
instances, consignors may have been advanced monies against the sale of their
consigned material and GOOA therefore will have a security interest in the
consigned material over and above the normal auction commission.
(d) Any
purchases made by a consignor or vendor or his agent on his own lots shall be
considered as a sale subject to commissions and sales tax as applicable.
PAYMENT FOR PURCHASES
4. Payment for lots, including those on which opinions for experts are desired shall be made as follows: successful bidders will be notified of lots purchased immediately following the sale. Before GOOA will send such lots, payment in full must be received by GOOA within five (5) business days of receipt of the aforesaid notification by the bidder. However, a purchaser known to GOOA at its option may have purchases delivered or forwarded for immediate payment. Unless otherwise acceptable to GOOA, payment is to be made only in the form of cash, bank check or certified check, personal check (which must clear prior to delivery of lots), credit card (AMEX, Visa, MasterCard and Discover), PayPal or a bank wire transfer (Please contact us for our wiring instructions.) Payments made by credit card are accepted as a courtesy without surcharge, if paid within 15 days of sale date.
5. Title
shall not pass to the purchaser until full payment has been received by GOOA as
agents for the consignor or vendor.
6. Mailed
delivery of purchases will be to the address on file and proof by GOOA of
receipt of a sending at the advised address shall constitute delivery. All
charges for handling, delivery and insurance obtained by GOOA on behalf of the
purchaser shall be added to the purchase price.
7. (a)
Purchasers agree to pay for lots as specified in Condition of Sale 4 and no
credit is extended; a late payment charge of 2% per month or fraction thereof
shall be added if payment is not made in accordance with the aforesaid
conditions.
(b) In the
event that a bidder shall fail to comply with these conditions of sale
("non-complying bidder"), then, as to any lot with respect to which
such failure to comply occurs, GOOA, may, in its sole discretion, re-offer such
lot during the same auction or at an auction at a later time, or by private
treaty at such time as GOOA, in its sole discretion, deems appropriate and the
non-complying bidder shall be liable for the deficiency, if any, between the
hammer price and the net proceeds of a sale to a subsequent purchaser, whether
at auction or by private treaty, as well as for all costs and expenses of both
sales, all other charges due thereunder, including commissions with respect to
both sales, whether payable to GOOA or to a third party and all incidental
damages. It shall be in GOOA's sole discretion to determine whether to re-offer
the lot theretofore hammered-down to a non-complying bidder at the same
auction, or by private treaty in due course, or at a subsequent auction
conducted by GOOA. In no event shall any surplus arising from the sale of a
re-offered lot be payable to a non-complying bidder.
(c) A
defaulting purchaser shall be deemed to have granted GOOA a security interest
in property in GOOAs possession owned by such purchaser. GOOA shall have all of
the rights afforded a purchase money secured party under the state of California
Uniform Commercial Code with respect to such property and may apply against
such obligations all monies held or received by it for the account of, or due
from GOOA to such purchaser. GOOA is authorized to file a financing statement
in order to perfect its rights as a secured party.
(d) If GOOA
takes any legal steps to secure payment of a delinquent account, the defaulting
purchaser shall be liable for all legal and other expenses incurred by GOOA to
secure such payment, including but not limited to a reasonable allowance for
attorneys' fees. For purposes of this paragraph, the term legal steps shall be
deemed to include any and all consultation by GOOA with its attorneys with
respect to all matters arising out of a delinquent account.
QUALITY AND AUTHENTICITY: Coins
8. Each lot
is sold as genuine, unless specifically described as "sold as is".
This is a limited warranty that the item sold is not counterfeit, that its date
or mintmark has not been altered, and that the coin has not been repaired. Any
other warranty is expressly disclaimed; GOOA offers no representation that a
numismatic item has or has not been cleaned; that any toning is natural or
artificial; that any coin will meet the standards or grade of any independent
grading service; that any item has a particular provenance or pedigree, or that
a numismatic item is struck or produced in a particular style. Any statement
concerning such matters reflects an opinion only. Questions regarding the
minting of a coin as a proof or as a business strike relate to the method of
manufacture and not to authenticity.
(a) The
descriptions of each numismatic lot represent the cataloger's good faith
opinion, or the opinion of an independent grading service, as to the state of
preservation and strike. When a grade from an independent grading service is
utilized, the information is provided strictly for the convenience of the
bidder by mail, telephone or facsimile. Bidders and purchasers acknowledge that
(i) grading is an art, not a science; (ii) the grades contained in the catalog
represent the opinion of the auctioneer based upon its experience; (iii) that
it is possible that two people will not always grade the same items alike; and
(iv) as market conditions change, grading standards change, and will most
likely continue to do so in the future. No warranty, whether expressed or
implied, including any warranty of saleability, is made with regard to any
grade description, which is merely an opinion that is likely to differ, even
among experts. The purchaser assumes all risks related to the grading of a lot
by an independent grading service.
(b) Grading
or condition of rare coins may have a material effect on the value of the
item(s) purchased; and the opinion of third parties (including independent
grading services) may differ from the independent grading service's opinion or
interpretation of GOOA. GOOA shall not be bound by any prior or subsequent
opinion, determination or certification by any independent grading service.
(c) All
oral and written statements made by GOOA and its employees (including
affiliated and related companies) are statements of opinion only, and are not
warranties or representations of any kind, unless stated as a specific written
warranty, and no employee or agent of GOOA has authority to vary or alter these
Terms and Conditions of Sale. Any alteration shall be effective only if in
writing and signed by an officer of GOOA authorized to do so.
(d) Bidders
shall have no recourse against the consignor for any reason whatsoever.
(e)
Notwithstanding anything to the contrary in these Terms and Conditions of Sale,
any coin offered by us that has been graded by PCGS, NGC, ICG, SEGS, ACCUGRADE,
PCI, NTC or ANACS may not be returned for any reason whatsoever. Please note
that lack of a CAC seal does not necessarily mean that a coin was rejected. Not
all coins were submitted for examination.
QUALITY AND
AUTHENTICITY: Stamps, Autographs, Art and All Other Non-Numismatic
9. Each lot
is sold as genuine and correctly described, unless specifically described as
"sold as is". Potential buyers may request additional imaging or
clarification to GOOA on any lot(s).
(a)
Quality. Any lot which a purchaser considers to be incorrectly described may be
returned to GOOA within two weeks of its receipt by such purchaser
("returning purchaser"), provided, however, that the same is received
by GOOA within four weeks of the date of the auction; however, GOOA may, in its
discretion, refuse acceptance of such returned lot. In the event that a dispute
cannot be resolved by reference to a mutually acceptable authority, and GOOA
thereupon undertakes to re-offer the lot with a description identical to the
description disputed, the returning purchaser shall be liable for the
deficiency, if any, between the proceeds of the sale to the returning purchaser
and the proceeds of a sale to a subsequent purchaser, as well as for all costs
and expenses of the re-sale, including commission, and all incidental damages.
Any lot, the description of which is disputed, must be returned intact and in
the original packaging and in the condition received (unaltered) by the
purchaser. The following lots are not returnable except at the discretion of
GOOA: (i) lots examined by postal viewers; (ii) lots on account of their
appearance, if they are illustrated online; or (iii) lots described as having
repairs, defects or faults for any reason. (iv) lots containing more than ten
(10) items.
(b)
Authenticity. If an opinion of a mutually acceptable authority is desired, the
period of time within which a lot must be received by GOOA will be extended
however, GOOA must be notified within 15 days of the date of the auction. Any
lot which is declared otherwise than genuine by a mutually recognized authority
is returnable, provided such lot is received by GOOA within four weeks of the
date of the auction. Proof that a mutually acceptable authority declines to
express an opinion is not grounds for the return of a lot. (i) Expenses incurred
by a purchaser in the submission and the return of a lot under Conditions of
Sale 7 is not subject to refund. (ii) Numerical grading is subjective and is
based upon the condition of each issue. Lots may not be returned if a third
party grades a stamp at lower than our grade. (iii) Lots with existing
certificates from any widely accepted and reputable expertizing authority,
within their specialty and dated within the last seven (7) years from the date
of sale, will be offered and sold on an "as-is" basis and as so
stated on the certificate. Such lots may not be returned for any reason,
including but not limited to a contrary verbal or written opinion or
certificate.
SALES
TAX/CUSTOMS DUTIES
10. Unless
presentation of satisfactory proof that it is exempted by law, a purchaser
shall pay to GOOA the sales and use tax of the State claiming jurisdiction.
Buyers outside the U.S. are responsible for all customs duties. A purchaser
shall indemnify GOOA and hold it harmless of and from any claims of any jurisdiction
for sales taxes relating to the purchase of articles at the auction, whenever
the same may arise.
APPLICABLE
LAW, JURISDICTION, ETC.
11. All
matters arising out of this auction shall be governed by the laws of the state
of Texas without giving effect to the choice of law principles thereof.
ARBITRATION
12. Any
controversy or claim arising out of or relating to this auction shall be
settled by arbitration in the city of Dallas, state of Texas in accordance with
the rules of the American Arbitration Association and judgment upon the award
rendered by the arbitrator or arbitrators may be entered in any court having
jurisdiction.
JURISDICTION
AND VENUE OF ACTIONS
13. The
purchaser at this auction:
(a)
consents and submits to the jurisdiction of the courts of the state of Texas
and of the courts of the United States for a judicial district within the
territorial limits of the state of Texas for all matters arising out of this
auction sale, including, without limitation, any action or proceeding instituted
for the enforcement of any right, remedy, obligation and liability arising
under or by reason thereof; and
(b)
consents and submits to the venue of such action or proceeding in the city of
Dallas, state of Texas (or such judicial district of a court of the United
States as shall include the same), and
(c) further
consents that service of process in any action relating thereto may be effected
by registered mail, return receipt requested address to the purchase at the
address given to the auctioneer at the time of the sale.
BIDS BY
TELEPHONE
14. (a)
Must be confirmed in writing unless waived by GOOA.
(b) Any
errors are the responsibility of the bidder.
(c) No bids
accepted less than 1 hour before the commencement of the sale.
BIDS BY
EMAIL
15. Bids
must be received 1 hour before sale commences — be sure to use EMAIL:
bids@GoldenOakOnlineAuctions.com