Terms & Conditions

1. USE OF SITE

You may use the Site only in accordance with and subject to these Terms of Use.  Once you complete and submit your registration you have opted-in to receive email communication from us and in order to remain a member of this Site, you must agree to receive email from us.

You must also authorize Hamptons Auction House (HAH) to charge the credit or debit card you have entered on this site for the hammer price of an item which you were the high bidder, plus the buyer's premium and all applicable sales tax.  Your card will be charged within 24 hours of the auction end.  Failure to keep valid credit card information on file will result in your use of the site being terminated.

To initiate your ability to bid with Hamptons Auction House (HAH), an initial $1.00 pre-authorization transaction will appear on your statement.  This pending transaction will not settle and will drop off after 5 -7 business days (American Express & Discover may take longer).  

You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.

       2.   MEMBERSHIP ELIGIBILITY

The Site is available to members who are 18 years and older and who have not been suspended or removed by HAH for any reason.  By becoming a member, you represent that you are of legal age.  As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration forms.  In addition, as a member, you agree and acknowledge that you will maintain valid credit card info within your membership profile so long as you maintain an account with HAH.

       3.   BUYER’S CONTRACT 

Bids placed on the HAH website are a binding contract and you are responsible for paying all amounts due to MDS including sale price, buyer's premium and all applicable taxes.  Please do not bid if you are unable to pay and take possession of the items in the specified time periods for each auction, sale or event.  All sales are final. No returns, credits or exchanges.

       4.   ITEM DESCRIPTIONS

All items are sold as-is, where-is.  While HAH will do its best to list any damage, repairs or restorations, the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition.  Most of the items MDS sells are antique, vintage or used.  You should expect signs of wear consistent with age.  For certain sales, HAH offers preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing your bids.  Condition reports may be available. All sales are final. No returns, credits or exchanges.

       5.  BUYER’S PREMIUM

A buyer’s premium of 18% will be added to the hammer price in all auctions and will be charged along with the hammer prices and applicable sales tax to the credit or debit card you have on file with HAH within 24 hours of the auction end.

       6.   SALES TAX

All sales are subject to appropriate sales tax laws.  Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale.  Upon receipt of such information by HAH, your future purchases will not be taxed.  Tax resale forms can be submitted in your membership profile.  Your profile name and address must be the same as your resale certificate.

        7.   RETENTION OF CREDIT CARD INFORMATION

By providing your credit card information to MDS, you authorize HAH to charge your credit card for the purchase amount of any successful bid plus the buyer's premium and any applicable taxes.

Your card will be charged within 24 hours of auction end.  Failure to keep valid credit card information on file will result in your use of the site being terminated.

To initiate your ability to bid with Modern Day Sales, an initial $1.00 pre-authorization transaction will appear on your statement.  This pending transaction will not settle and will drop off after 5 -7 business days.  

You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.

HAH does not store your credit card information for security purposes. It is held by a reputable third party processor, Stripe.com

8.    PICK-UP

Successful buyers must pick up their items at the designated sale location within the assigned time frame as stated in the sale details page. HAH does not provide shipping or packing services. Shipping services must be pre-arranged by the winning bidder prior to the pick-up date and at the winning bidder's expense.  

If after winning an item you determine you are unable to pick up your items during the scheduled removal times and dates, you must contact MDS within 24 hours prior of the pick-up date and we will determine if alternate arrangements can be made.  If items are abandoned, left at the property or you decide that you don't want to take the item, we will charge you $50.00 per item, on your credit card, for disposal or dump fees.  These prior arrangements will be at the sole discretion of HAH and will be subject to transport, labor and/or storage fees which will be payable upon retrieval of your items.  Items which must be transported back to the HAH Warehouse in Quogue, NY, from a remote location, are subject to a minimum handling fee of $10 per item or Lot.  MDS has the sole discretion to charge $10-$150 per item or lot depending on the size, weight, packing materials and labor to transport the property.  You agree that HAH may charge a higher handling fee for certain items, which are difficult to transport, at the sole discretion of HAH.  Items which are stored at the HAH warehouse, beyond the scheduled pick-up dates and times, are subject to a $10/day per item storage fee which will be paid upon retrieval of the item for a maximum of 14 days.

If you decide you do not want an item that you purchased, you will be charged a $50 fee for donation/dump costs.

9.       FORFEITURE OF ITEMS

Any items not paid and/or not picked up during the specified pick up time in accordance with the Site’s Terms & Conditions will be forfeited by you.  HAH, at its sole discretion, will re-offer the items or donate them to a charity of MDS’s choosing.  HAH reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges.  Your membership with HAH will be revoked unless past due invoices and any additional charges are paid in full.

10.       PROHIBITED USE

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. You may not decompile, reverse engineer, dissassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance . You may not copy, frameset, enclose or otherwise distribute any part of the Site.

11.        BIDDING INCREMENTS

Bidding increments refer to the minimum amount an auction bid must be raised during bidding.  For example:  If an item is currently at a high bid of $20 and the bidding has been going in $1 increments, ($17, $18, $19 etc...) the new increment will increase to $2 per bid ($22, $24, $26, etc...) as indicated by HAH's Bidding Increments.  HAH's Bidding Increments are as follows:

If the Bid is Between:                      Then the bidding increment is:

$1-$20                                                $1

$21-$60                                              $2

$61-$200                                            $5 

$201-$500                                          $10

$501-$1,000                                        $25

$1,001-$2,500                                     $50

$2,501-$5,000                                    $100

$5,001-$99,999,999                          $200