Eclectic Multi-Estate Online Estate Sale

Terms & Conditions: 1. Acceptable forms of payment are PayPal, Visa, & MasterCard only. 2. Complete payment is required upon receipt of notification of a successful bid. All online bidders will have the card on file charged the following day, unless prior communication has been made. Items not paid for after the 3rd day of sale are deemed noncollectable and bidder is marked as a non-paying bidder. 3. Please note that winning bidders who wish to pick up their items shall not do so until the day following the day of auction, so that our staff has adequate time to process the transaction. After three (3) days, any items remaining with Storybook Estate Sales will be placed in storage. Fee for storage will be $10 per day per item starting the third business day after the auction. 4. Storybook Estate Sales offers FedEx, UPS and USPS services for most parcels. If there are larger items we arrange shipment with a freight company. Storybook Estate Sales is not responsible for damage to any items once items have been picked up or turned over to shipping company. All costs associated with shipping are the responsibility of buyer. 5. The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auctioneer will decide the buyer or immediately put the item up for sale again. 6. All auction inquiries and condition reports must be received 24 hours prior to the start of the auction. The deadline for email inquiries is 5 pm PST the day prior to the scheduled auction. 7. Storybook Estate Sales makes no warranty as to condition and shall not be responsible for any defects in any Lot. For every lot, buyer's condition is described in the listings. Item descriptions, dimensions and estimates are provided for guidance. It is the buyer's responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. These are for guidance only, and all lots will be sold as described, as per our Terms and Conditions of Sale. All goods are sold "AS IS" and "WITHOUT RECOURSE". 8. We have tried to describe each lot as accurately as possible, and we have included descriptive photographs as well. However, we are selling each lot "AS IS" and there will be no returns allowed if you are not satisfied with condition. Please satisfy yourself as to the condition of the item before bidding. 9. Your bidding at this LiveAuctioneers auction indicates that you have read and accept these Terms & Conditions of Sale. ***WE ARE NOT RESPONSIBLE FOR VARIATIONS IN COLOR DUE TO PHOTO REPRODUCTION. Should internet bidding fail for any reason, please contact (510) 337-4410, to enact an absentee or telephone bid. Contract Information: This Bidder Agreement ("Agreement") is entered into between the person bidding on the online format (referred to herein as either "Bidder" or "Buyer") and Storybook Estate Sales, or its assignee ("Auctioneer"), (together, Bidder/Buyer and Auctioneer are referred to herein as the "Parties"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions conducted by Auctioneer. Bidder acknowledges that additional terms to this Agreement may be posted and such additional terms are deemed incorporated into this Agreement by this reference and are binding on Bidder. 1. FULL PAYMENT: The price paid by Bidder as a buyer at an auction shall be the sum of (a) Bidder's final bid, (b) a premium of 15% of the final bid on each item whether the Bidder participates in the action in person or if the Bidder participates in the auction via the internet or telephone, and (c) all applicable sales tax. The Parties agree, and Buyer consents, that Auctioneer has a lien on all items purchased by Buyer at auction as security for payments due under this Agreement and is authorized to file and record any and all documents and instruments necessary to effectuate and/or perfect such lien. No item may be removed from the premises until Auctioneer receives full payment of all amounts due hereunder. Payment for all purchases must be made by PayPal, Visa or Master Card. Bidder agrees not to dispute a credit card charge made in accordance with this Agreement. Bidder is responsible for all expenses incurred for any charges that are reversed by a credit card company. In the event Bidder stops or places a hold on any payment made pursuant to this Agreement, Auctioneer reserves the right to repossess the items purchased thereby, at any time. 2. NO WARRANTY: ALL ITEMS SOLD AT AUCTION ARE SOLD ON BEHALF OF THE SELLER AND ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND OR NATURE AND ARE NOT SUBJECT TO RETURN. NO STATEMENT (ORAL OR WRITTEN) IN ANY BROCHURE OR CATALOG (ONLINE OR IN PRINT) BY AUCTIONEER OR BY SELLER (OR BY THEIR RESPECTIVE AGENTS), AT THE SALE OR AT ANY TIME SHALL BE CONSTRUED AS A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STATEMENTS MADE REGARDING ANY ITEM ARE STATEMENTS OF OPINION ONLY. Bidder hereby represents that Bidder will have viewed the listings all items on which it intends to place a bid and will accept any item won at auction AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTY. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder. 3. DISPUTES: The highest bidder acknowledged by Auctioneer shall be deemed the buyer of the item auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right and the discretion either to determine the successful bidder or to re-offer and resell the item in dispute. The Auctioneer's designation of a buyer shall be final. If Auctioneer fails to deliver an awarded item for reasons set forth in this paragraph, then Auctioneer will only reimburse the amount paid for such awarded item. If any dispute arises after the sale, Auctioneer's sales records shall be conclusive as to the buyer, the amount of the highest bid, and in all other respects. 4. BUYER'S RESPONSIBILITY: It is the buyers responsibility to pay in full the item(s) they won in the online auction including the buyer’s premium and shipping charges. They have won when the screen shows “sold” with their LiveAuctioneer’s account name. 5. ASSIGNMENT. Any right of Buyer under this Agreement or under the law shall not be assignable and shall be enforceable only by Buyer. Buyer shall not be entitled to any remedy, relief or damages beyond the rescission of the sale, return of the item and refund of the purchase price; and without limitation, Buyer shall not be entitled to damages of any kind. 6. INJURY; DAMAGE; HOLD HARMLESS: Bidder acknowledges responsibility for any personal injury or property damage caused by bidder once they receive the item(s) they won. 7. GOVERNING LAW; JURISDICTION. Bidder hereby acknowledges that Auctioneer is a California company with its principal place of business in the State of California. BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, THAT THE STATE COURTS OF CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS AGREEMENT AND OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH AUCTIONEER. VENUE IS IN THE ALAMEDA COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF CALIFORNIA. 8. AMENDMENTS AND INTEGRATION. No waiver or alteration of any provisions of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Auctioneer. Any prior oral or written representations or agreements between the Parties are superseded by this Agreement. 9. SEVERABILITY. If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law. 10. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of Auctioneer under this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies Auctioneer may have by law, statute, ordinance or otherwise. 11. AGENT: Bidder hereby acknowledges that Auctioneer is acting only as the seller's agent and NOT the agent of Bidder.