Provenance Auctions Terms and Conditions
To initiate your ability to bid with Provenance Auctions, 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.
1. Eligibility to Use the Site and the Services
While using the Site and/or the Services, you agree that you will not:
Use the Site or Services if you are not able to form a legally binding contract or if you are under the age of eighteen (18) years old;
Use the Services if you have been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site;
Manipulate the price of any item without the intent to purchase;
Circumvent or manipulate our fee structure, the billing process, any fees owed to PROVENANCE AUCTIONS, or any technical measures we use to provide the Services;
Fail to deliver payment for items purchased by you and associated fees;
Transfer or share your account and bidder number with another party without our consent;
Create accounts that misrepresent your identity or use the personal information of others;
Use any automated means to access the Services;
Access data not intended for you or log into a server or account which you are not authorized to access;
Use the Site in any manner that would interfere with, disrupt or inhibit other users from fully enjoying the Site or that could damage, disable or impair the functionality of the Site;
Conduct fraudulent activities; or
Bid on any items that may be sold only to persons at least twenty-one (21) years old if you are under the age of twenty-one (21) years old.
Item Descriptions - All items are sold “as is” and you are aware that, unless otherwise stated, the items sold on the Site are not new nor in perfect condition, may require touch-up or repairs prior to use and the available information about these items may be limited. Provenance Auctions will not list every flaw associated with each item as these are to be expected. In the case of obvious faults (chips, cracks, significant damage, etc.) Provenance Auctions does its best to list the fault within the description. Provenance Auctions will provide descriptions based on its assessment of an item. However, you should not assume that our assessment of condition will be the same as your assessment. It is your responsibility to read and review all descriptions and images of an item before bidding, and you acknowledge that in posting such descriptions, Provenance Auctions relies on information provided by the seller. PROVENANCE AUCTIONS AND SELLERS MAKE NO, AND EXPRESSLY DISCLAIM ANY, GUARANTEE, WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, TO YOU WITH RESPECT TO ANY ITEM, INCLUDING WITHOUT LIMITATION, CONDITION, MERCHANTABILITY, QUALITY, RARITY, IMPORTANCE, FITNESS FOR A PARTICULAR PURPOSE, HISTORICAL RELEVANCE OR OTHERWISE.
Extension and Close of Internet Bidding - At the scheduled date and online sale closing period of a sale, items will begin to close at a predetermined number of items per minute. All online sales may be subject to an automatic extension system.
Sales Format – All bids must be placed through the Site. Absentee bidding is not allowed. Unless otherwise explicitly stated in the auction or item description, all sales are conducted without reserve by the seller. Unless otherwise explicitly stated by PROVENANCE AUCTIONS in writing, the auction of personal property through the Service is conducted according to the following guidelines: (i) the property is sold to the highest bidder without reserve (unless stated on the auction item page); (ii) the auction does not require a minimum bid; (iii) the auction does not require competing bids of any type by the seller or an agent of the seller; and (iv) the seller of the property cannot withdraw the property from auction after the auction is opened and there is public solicitation for bids; provided, however, that PROVENANCE AUCTIONS reserves the right to withdraw any item from the Site or to amend any content on the Site at any time in its sole discretion. PROVENANCE AUCTIONS will not be liable to you or any third party if we withdraw an item, amend any content on the Site or deny you access to the Site or the Services.
Buyer’s Contract - Your winning bid placed on the Site represents an irrevocable contract and you are responsible for paying all amounts due to PROVENANCE AUCTIONS. If you cannot pay for the items or agree to the shipping terms and costs, please do not bid on the items.
Maintenance of Payment Information - In order to place a bid, you must have valid payment information stored in your profile. By providing your credit card information to PROVENANCE AUCTIONS, you irrevocably authorize PROVENANCE AUCTIONS to charge your credit card for the total purchase amount of any winning bid plus any fees associated with the sale of the item, including but not limited to taxes, if applicable. You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with PROVENANCE AUCTIONS and that you are authorized to use the designated payment method. PROVENANCE AUCTIONS reserves the right in its sole and absolute discretion to cancel bids or suspend bidding privileges of any user not maintaining valid payment information.
Placing a Bid – You agree and acknowledge that, in exchange for valuable consideration (including but not limited to the rights to use the Site, use the Services and participate in the online auction), all bids placed by you are irrevocable offers to purchase an item that may not be withdrawn by you at any time prior to the close of the auction. You expressly agree that, due to the irrevocable nature of the bids, any cancellation or correction of a bid by PROVENANCE AUCTIONS may result in a previous bid being the highest current bid subject to acceptance at the close of the auction. By placing a bid, you expressly agree that if you are the winning bidder you will pay for your item. It is your responsibility to understand the pickup and delivery options and costs for each item before you place your bid. All bids are shown in US dollars and all taxes are additional.
Bidding Notices – For your convenience, PROVENANCE AUCTIONS provides certain e-mail, push and SMS communications regarding the status of ongoing sales. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve you from your contractual obligations as the winning bidder. You expressly agree that the display of the highest bid and the status of your current bid on the Site at the close of the auction are both accepted means of acceptance of your bid by the seller. The bid history reflected on the PROVENANCE AUCTIONS/AUCTION NINJA system supersedes any e-mail, push or SMS communication in dispute resolutions.
Shill Bidding – You represent and warrant that you will not engage in shill bidding. Shill bidding happens when anyone (including family, agents, friends, employees, or online acquaintances) bids on an item with the intent to artificially increase its price or desirability, usually on behalf of the seller. You will be held liable for and agree to indemnify PROVENANCE AUCTIONS against any damages incurred by PROVENANCE AUCTIONS due to your related shill bidding.
Payment Forms Accepted - If you have placed the winning bid on an item that is eligible for in person pickup, you can pay for your purchases during the designated removal and payment times listed on the “Sale Details” section or the “Item” pages with cash, check or you may prepay online with a credit card or gift card and present your ID for pickup. All invoices under two thousand and five-hundred dollars ($2,500) must be paid with a credit card or cash. Purchases over two thousand and five-hundred dollars ($2,500) will require payment via cashier’s check, cash or wire. Winning bidders with questions of how to make payment should submit a question to firstname.lastname@example.org. If you do not elect a fulfillment method and you do not pick the item up during the scheduled pickup time, PROVENANCE AUCTIONS reserves the right to charge your payment method on file for the total purchase price of the item. You hereby expressly grant PROVENANCE AUCTIONS the right to hold a winning item until confirmation of cleared funds has been received by PROVENANCE AUCTIONS.
Buyer’s Premium- A buyer’s premium of 20%-25% (varies based on the specific auction) 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 Provenance Auctions within 24 hours of the auction end.
Sales Tax – All sales are subject to appropriate state sales and use tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the auction. Upon acceptance and validation of such information by PROVENANCE AUCTIONS, your future purchases will not be taxed, provided that you are still eligible for tax exemption. You may be required to update certificates on file periodically as deemed necessary by PROVENANCE AUCTIONS. Your profile name and address must be the same as your resale certificate.
Failure to Pay – Any items not paid for in accordance with the PROVENANCE AUCTIONS Terms and Conditions within two (2) days of the arranged pickup date will be forfeited by you and PROVENANCE AUCTIONS may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of PROVENANCE AUCTIONS’s choosing. PROVENANCE AUCTIONS reserves the right to charge any payment option you have on file and/or to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges and you will be responsible for any charges incurred by PROVENANCE AUCTIONS in collecting your payment.
Pickup Option – Certain sales and items may have a designated pickup time and location. Before bidding, confirm whether you can pick up your item at the designated time and location. You must provide your own tools, labor and transportation to facilitate safe removal of your item(s). Plan accordingly for large or bulky items. Be prepared to show identification to pick up your item(s). Purchases will be released upon presentation of proof of payment. PROVENANCE AUCTIONS will not be liable for any damages created or incurred by you upon the pickup or transport of your item(s).
Alternate Pickup - In certain locations, PROVENANCE AUCTIONS may provide an alternative pickup location. If an alternative pickup location is available, it will be detailed in the item view. Additional fees may apply to have your item available at a designated alternative pickup location. Conditions regarding failure to pay and failure to pick up apply to alternate pickup locations.
Delivery/Shipment – Delivery or Shipment options may be available; please email email@example.com before bidding if you are interested in having an item delivered or shipped. If the item is shipped, you will be sent a separate invoice for the shipping charges. Deliveries must be paid in cash.
Failure to Pickup – IN THE EVENT THAT YOU FAIL TO PICKUP OR DESIGNATE SHIPPING FOR YOUR ITEMS IN ACCORDANCE WITH THE PROVENANCE AUCTIONS TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE PROVENANCE AUCTIONS TO CHARGE YOUR CREDIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM PLUS ANY TAXES, SHIPPING COSTS AND HANDLING FEES. WHEN PICK-UP IS SELECTED BY YOU OR IS THE ONLY OPTION, IF YOU FAIL TO PICK-UP ANY ITEMS AT THE SPECIFIED TIME OR DESIGNATE A SHIPPING OR FULFILLMENT OPTION WITHIN SEVEN (7) DAYS OF THE OFFICIAL PICKUP DATE YOU WILL BE CONSIDERED TO HAVE ABANDONED AND FORFEITED THE ITEMS. YOU AGREE THAT TITLE FOR ABANDONED ITEMS WILL AUTOMATICALLY TRANSFER TO PROVENANCE AUCTIONS WITHOUT ANY FURTHER ACTION BY YOU OR PROVENANCE AUCTIONS. YOU EXPRESSLY AGREE THAT FAILURE TO RECEIVE ANY ITEM IN THE EVENT OF ABANDONMENT DOES NOT RELIEVE YOUR OBLIGATION TO PAY FOR THE ITEM OR ANY OTHER FEES. AT A MINIMUM, YOU WILL BE CHARGED THE AMOUNT OF YOUR BID TO SATISFY PAYMENT OBLIGATIONS TO THE SELLER. PROVENANCE AUCTIONS MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS, DISPOSE OF OR DONATE THE ITEMS TO A CHARITY OF PROVENANCE AUCTIONS’S CHOOSING. PROVENANCE AUCTIONS RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING OR DISPOSAL CHARGES AND WILL NOT REFUND PAYMENT FOR THE ITEMS.
Liquidated Damages – You acknowledge and agree that the remedies afforded to PROVENANCE AUCTIONS in the “Failure to Pay” and “Failure to Pickup” paragraphs of these PROVENANCE AUCTIONS Terms and Conditions (the “Liquidated Damages”) constitute compensation and not a penalty. The parties acknowledge and agree that, due to the nature of PROVENANCE AUCTIONS’s Services and online auction sales generally, the harm caused by your breach as contemplated in the aforementioned paragraphs would be impossible or very difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from your breach. Your payment of the Liquidated Damages is PROVENANCE AUCTIONS’s exclusive remedy for the breaches contemplated in the “Failure to Pay” and “Failure to Pickup” paragraphs of these PROVENANCE AUCTIONS Terms and Conditions.
All items are sold as-is, where-is. While Provenance Auctions 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 Provenance Auctions sells are antique, vintage or used. You should expect signs of wear consistent with age. Condition reports may be available. All sales are final. No returns, credits or exchanges.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand (including reasonable legal fees) whether direct or indirect: (i) made by any third party due to or arising out of your breach of these PROVENANCE AUCTIONS Terms and Conditions, your improper use of the Services or your breach of any law or the rights of a third party; and/or (ii) relating to damage to person or property, including death, relating in any way to the items purchased by you through the Site and/or the Services, including, but not limited to the moving of such items on the PROVENANCE AUCTIONS premises or any premises assigned by PROVENANCE AUCTIONS for pickup; except to the extent such losses are caused by the gross negligence or willful misconduct of PROVENANCE AUCTIONS.
8. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL ANY SELLER OR PROVENANCE AUCTIONS OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, EVEN IF PROVENANCE AUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, PROVENANCE AUCTIONS’S TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF MONIES PAID BY YOU TO PROVENANCE AUCTIONS HEREUNDER IN THE PRECEDING TWO (2) MONTH PERIOD. YOU IRREVOCABLY WAIVE AND DISCLAIM ANY RIGHT YOU MAY HAVE TO BRING AN ACTION FOR OR TO THE REMEDY OF SPECIFIC PERFORMANCE AGAINST PROVENANCE AUCTIONS OR ANY SELLER OF AN ITEM. YOU HEREBY ACKNOWLEDGE THAT THESE LIMITATIONS ON LIABILITY WILL APPLY TO ALL MERCHANDISE, SERVICES AND CONTENT AVAILABLE THROUGH PROVENANCE AUCTIONS, THE SERVICES AND THE SITE.
Changes to the PROVENANCE AUCTIONS Terms and Conditions – PROVENANCE AUCTIONS reserves the right, at its sole discretion, to change, modify, add or remove any portion of the PROVENANCE AUCTIONS Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Site. Changes to the PROVENANCE AUCTIONS Terms and Conditions will be effective when posted. Your continued use of the Site and/or the Services after any changes to the PROVENANCE AUCTIONS Terms and Conditions are posted will be considered acceptance of those changes.
Notices to You – We may provide any notice to you under these PROVENANCE AUCTIONS Terms and Conditions by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
Notices to Us – To give us notice under these PROVENANCE AUCTIONS Terms and Conditions, you must contact us as follows: PROVENANCE AUCTIONS LLC, 5 River Rd, #123, Wilton CT 06897. We may update the contact information for notices to us by posting a notice on the Site or amending these PROVENANCE AUCTIONS Terms and Conditions. Notices will be effective when received by PROVENANCE AUCTIONS.
No Waiver – Any waiver of any provision of the PROVENANCE AUCTIONS Terms and Conditions by PROVENANCE AUCTIONS must be made in writing and signed by an authorized representative of PROVENANCE AUCTIONS specifically referencing the PROVENANCE AUCTIONS Terms and Conditions and the provision to be waived.
Cumulative Remedies – All rights and remedies provided to PROVENANCE AUCTIONS are cumulative and not exclusive, and the exercise by PROVENANCE AUCTIONS of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise. Despite the previous sentence, the parties intend that PROVENANCE AUCTIONS’s right to Liquidated Damages is its exclusive remedy for your breach of certain obligations as specified in the Liquidated Damages paragraph.
Severability – If any term or provision of these PROVENANCE AUCTIONS Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these PROVENANCE AUCTIONS Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these PROVENANCE AUCTIONS Terms and Conditions to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Force Majeure – We will not be liable or responsible to you, nor be deemed to have defaulted or breached these PROVENANCE AUCTIONS Terms and Conditions, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Assignment – You will not assign any of your rights or delegate any of your obligations under these PROVENANCE AUCTIONS Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these PROVENANCE AUCTIONS Terms and Conditions. PROVENANCE AUCTIONS may assign or transfer these PROVENANCE AUCTIONS Terms and Conditions and/or its rights and/or obligations hereunder.
Governing Law - These PROVENANCE AUCTIONS Terms and Conditions shall be governed in all respects by the laws of the State of Connecticut, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PROVENANCE AUCTIONS must be resolved exclusively by a state or federal court located in Fairfield County, Connecticut, and you hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of such courts for any such claims or disputes.