Terms and Conditions of Sale by Auction
- 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.
- All lots are sold with all faults and inspection is recommended.
- Bids are to be per lot, as numbered on the website and Gardner Galleries, at their discretion, may withdraw any lot at any time.
- New bidders must be 18 years of age or older to register and Gardner Galleries reserve the right to refuse admission or registration to any person.
- Any absentee 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.
- 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.
- The highest bidder accepted by the website shall be the purchaser and in the event of any dispute between bidders, Gardner Galleries will determine who is the successful bidder and their decision shall be final. If a bid takes place within the last five minutes, another five minute extension will be added to that lot only (also referred to as a "soft close") until bidding has ended.
- 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. Gardner Galleries will not be held responsible for any damages incurred while on our premises.
- 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.
- 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.
- Purchases must be paid in full and removed from our premises within 7 days (one week) after the closing date of an auction. Gardner Galleries business hours for receiving payment and removal of purchases: Monday-Friday 8:30am to 5:00pm and Saturday from 10:00am to noon hour. For buyers located outside of the London area, purchases must be paid by contacting our office by telephone, email or eTransfer. For shipping arrangements, see #13 below.
- 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. The purchaser will be held responsible for any deficiency, costs and expenses incurred during this time, namely moving and storage fees of $25.00 per week + HST per item.
- 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 but must be notified well in advance, or may provide a list of couriers available such as UPS or Fedex. Gardner Galleries strive to have shipments sent out promptly but expect at least a one to two week wait period. For furniture and other large items, delivery services may be arranged through a third party from Windsor to Toronto. Gardner Galleries strongly suggest contacting our office for a shipping or delivery quote prior to bidding.
- If purchases have been paid in full and arrangements have been made with respect to the 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 14 days after the agreed upon date, all article(s) in storage will be re-sold and payment will be made to the purchaser, less selling commission of 25% and storage costs accrued.
NOTICE FOR INTERNATIONAL CLIENTS – CITES:
Restrictions exist regarding the import and export of species protected under CITES (Convention on International Trade in Endangered Species). Please review your country’s laws before bidding on pieces made of or containing ivory, bone, horn or other animal parts that are strictly controlled or forbidden by most countries. It is the responsibility of the buyer to inquire about and obtain the proper permits for items purchased that may contain restricted materials.