Terms and Conditions of Sale by Auction

  1. Gardner Galleries exercise 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 personal inspection is recommended. Condition reports are also available by telephone or email.
  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.  New bidders must be 18 years of age or older to register and may be asked to supply a credit card and/or photo identification to prove their identity. Gardner Galleries reserve the right to refuse admission or registration to any person. 
  5. Unless the sale is advertised as an auction without any reserves, bidding on behalf of consignors may take place.
  6. Online auctions begin and end at a predetermined date and time, typically 10 days, which allows prospective buyers ample time to place a bid well in advance of the closing date. Absentee bidding is also accepted but arrangements should be made as early as possible.
  7. Once a bid is entered and confirmed, it cannot be cancelled. Always verify the bid amount is correct before confirming it.
  8. If a bid takes place within the last five minutes of the online auction, another five minute extension will be added to that particular lot (also referred to as a "soft close") until bidding has ended.  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.  
  9. Unless otherwise specified, title will pass to the highest bidder immediately after the website 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.  
  10. All sales are made for cash, debit, certified cheque, bank draft, Visa, MasterCard, wire transfer or e-Transfer and the auctioneers reserve the right to retain purchases until such time payment has been made.  Payment can be made in person (at 407 Hamilton Road, London, ON, N5Z 1R8), by telephone or by email.  For clients located outside of Canada, wire transfer is the only accepted method of payment and items released once the transfer has been received.
  11. All purchasers in Ontario shall be required to pay the advertised buyer's premium (22%) and HST (13%), over and above the selling price. Bidders located outside of Ontario will be charged the tax rate from their selective province, and no tax is applied on purchases for buyers located outside of Canada.
  12. Purchases must be paid in full and removed from Gardner Galleries premises within 7 days (one week) after the closing date of an auction.  Business hours for receiving payment and removal of purchases: Monday-Friday 8:30am to 4:30pm and Saturday from 10:00am to noon hour.  If located outside of London, payment can be made in advance by telephone or e-Transfer. 
  13. It is the buyer's responsibility to make arrangements for removal and shipping of purchases.  If unable to collect purchases in person and shipping is required, Gardner Galleries will assist in packing and shipping small items via Canada Post or another courier.  The fee for packing materials and handling is typically $20.00 + HST per parcel, plus the courier's shipping rate.  Items which take additional time to package will be charged a higher rate and it is always advised to contact Gardner Galleries for a shipping quote prior to bidding. Gardner Galleries strive to have shipments sent out promptly but due to the high volume of sales, expect 10-14 days before items are mailed. 
  14. Gardner Galleries will not ship large items (ie. furniture) but delivery services may be arranged through a third party from Windsor to Toronto only.  It is recommended to contact Gardner Galleries for a shipping quote prior to bidding, as shipping fees may exceed the sale price of an individual item.  
  15. If purchases have been paid in full and arrangements have been made in regard 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 resold and payment will be made to the purchaser, less selling commission of 25% and storage costs accrued.
  16. If the purchase price has not been paid within 7 days (one week) after the auction and no contact or prior arrangements have been established between Gardner Galleries and the purchaser, the sale will be cancelled and the goods in question will be re-sold without notice.  The buyer's online account will also be blocked from future bidding.  In some circumstances, unpaid accounts may be sent to a collection agency and the purchaser will also be held responsible for any costs and expenses incurred after the auction, namely moving and storage.

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.