Terms and Conditions of Sale by Auction

1)  Gardner Galleries exercises reasonable care to catalogue and correctly describe the lots to be sold but does not warrant the correctness of description, genuineness, authenticity or condition of said property.  All statements contained as to the authorship, origin, age, date, attribution, provenance or condition of any lot is a statement of opinion and is not to be relied upon as a statement or representation of fact.

2)  All lots are sold with all faults and inspection is recommended.

3)  Bids are to be per lot, as numbered on the website and Gardner Galleries, at their discretion, may withdraw any lot at any time.

4)  Gardner Galleries reserve the right to refuse admission or online registration to any person.    

5)  Any bid, which is not commensurate with the value of the article offered or is merely a nominal or fractional advance over the previous bid, may be rejected by the auctioneer if they determine the bid may negatively affect the sale of the article.

6)  Unless the sale is advertised and announced as an unrestricted sale or auction without any reserves, bidding on behalf of the consignors may take place.

7)  The highest bidder accepted by the website or auctioneer, shall be the purchaser.  In the event of any dispute between bidders, Gardner Galleries will determine who is the successful bidder and their decision shall be final.  Online bids cannot be cancelled once a bid is confirmed - always carefully check the bid amount before confirming.

8)  Unless otherwise specified, title will pass to the highest bidder immediately after the website or auctioneer has declared a lot sold and thereafter the property is the purchaser's sole risk and responsibility.  

9)  All sales are made for cash, debit, certified cheque, Visa, Mastercard or eTransfer and the auctioneers reserve the right to retain purchases until such time payment has been made.

10)  Unless claiming tax exemption (ie. out of province or out of country), all purchasers shall be required to pay the advertised buyer's premium and HST (13%) over and above the selling price.

11)  Purchases must be paid in full and removed within 7 days (one week) after the closing date of an auction.  If the purchase price has not been paid after 7 days and no prior arrangements have been made between Gardner Galleries and the purchaser, the sale will be cancelled or sent to a collection agency, the goods in question may be re-sold without notice and the buyer's online account will be blocked from future bidding.  He or she will be held responsible for any deficiency, costs and expenses incurred, namely moving and storage.

12)  If an item sold by Gardner Galleries is not available to the successful bidder at the time of collecting purchases, the sale will be cancelled and any amount paid shall be returned to the purchaser.

13)  It is the buyer's responsibility to make all arrangements for removal and shipping of purchases.  Gardner Galleries will assist in packing and shipping small items via Canada Post, such as jewellery but must be notified well in advance; or may provide a list of couriers available such as UPS, Fedex or Pacart.  A shipping quote will be disclosed to the buyer, at their request, before payment is processed and items will be sent within 14 days after.

14)  Buyers who cannot remove purchases within 7 days (one week) after the auction must inform Gardner Galleries as storage fees ($25.00/week + HST per item, up to 6 months) will apply. 

15)  If arrangements have been made with respect to storage of sold items but the allotted time has expired, Gardner Galleries will attempt to contact the purchaser to discuss further options.  If no contact has been established between Gardner Galleries and the purchaser within 30 days after, the article(s) in storage will be sold and payment will be made to the purchaser, less selling commission and storage costs accrued.    

A BUYER’S PREMIUM WILL BE PAYABLE BY ALL BUYERS AS PART OF THE PURCHASE PRICE.