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.  New bidders must be 18 years of age or older to register and will 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. 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.
  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. 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.  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.  
  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.  Gardner Galleries will not be held responsible for any damages incurred while on our premises.  
  9. All sales are made for cash, debit, certified cheque, bank draft, Visa, MasterCard or e-Transfer and the auctioneers reserve the right to retain purchases until such time payment has been made.  Payment can be made either in person (at 407 Hamilton Road, London, ON, N5Z 1R8), by telephone or by email.  
  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 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.  If you are located outside of London, payment can be made in advance by telephone or e-Transfer.  For shipping arrangements, see #12 below. 
  12. It is the buyer's responsibility to make arrangements for removal and shipping of purchases.  If you are unable to pickup your purchases and shipping is required, Gardner Galleries will assist in packing and shipping small items (such as jewellery, coins and small paintings) via Canada Post but must be notified well in advance.  The fee for packing materials and handling is typically $15.00 + HST per package, plus the courier's shipping rate.  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. 
  13. Gardner Galleries will not ship large items (such as furniture) but delivery services can 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.  
  14. 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 resold and payment will be made to the purchaser, less selling commission of 25% and storage costs accrued.
  15. If the purchase price has not been paid after 7 days (one week) and no contact or 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 will be resold without notice and the buyer's online account will be blocked from future bidding.  The purchaser will also be held responsible for any costs and expenses incurred during this time, 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.