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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 Ventucci 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 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 Ventucci, 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 Ventucci 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 Ventucci.
3. BUYER’S CONTRACT
Bids placed on the Ventucci website are a binding contract and you are responsible for paying all amounts due to Ventucci 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. Any items won and not paid for within 24 hours of auction close are eligible for sale to underbidder(s). All sales are final. No returns, credits, or exchanges.
4. WARRANTY & CONDITION OF ITEMS SOLD:
All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. NO refunds or chargebacks will be granted due to the condition of the item. Descriptions are believed to be accurate but not guaranteed. Measurements are approximate. When you are not certain of the condition or use of an item please bid accordingly. Buyers are solely responsible for inspecting items during the scheduled item viewing times. Unless otherwise stated in an item description no items have been tested for functionality. Tested and working means that the basic functionality of the item has been tested and NO WARRANTY is made that the item will work after the buyer transports and installs it. You are bidding on the described item not the photo. All sales are final. NO returns, stop payments, or chargebacks are accepted. While Ventucci 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 Ventucci sells are antique, vintage or used. You should expect signs of wear consistent with age. Ventucci 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. BUYERS PREMIUM:
A buyer’s premium of 15% 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 Ventucci within 24 hours of the auction end.
6. SALES TAX:
A 6% Maryland State sales tax will be added to each purchase AFTER the buyer's premium is applied (i.e., If the item sells for $10 with a buyer's premium of 15% the new price of the item is $11.50. Then sales tax of 6% is applied and amount due for item is $12.19). Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale.
7. PICKUP/REMOVAL OF ASSETS PURCHASED:
Successful buyers must pick up their items at the designated sale location within the assigned time frame as stated in the sale details page. Bidders are responsible for their own removal and/or shipping and/or storage arrangements. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, risk, and liability of the buyer. Purchases will be released ONLY upon presentation of a paid email receipt. Please ensure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released without a paid email receipt. Bidder further agrees to be held personally responsible for all purchases made on their bidder number and agrees that bidder will not charge back items which are not picked up during the published pickup/removal times. Buyer authorizes Ventucci to release buyer's assets to any individual in possession of the buyer's sales receipt.
LOCAL PICK UP ONLY, NO SHIPPING AVAILABLE!!!
9. FORFEITURE OF ITEMS
Any items not paid and / or not picked up during the specified pickup time in accordance with the Site’s Terms & Conditions will be forfeited by you. Ventucci at its sole discretion will reoffer the items or donate them to a charity of Ventucci’s choosing. Ventucci 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 Ventucci will be revoked unless past due invoices and any additional charges are paid in full.
9. DAMAGE
Any damage caused by a buyer during the preview, or during the period of removal must be made good by the buyer causing the damage. Buyer agrees that the credit card on file will be charged for any expenses and/or repairs to the pickup location or property of another buyer.
10. CHANGES IN CIRCUMSTANCE
All aspects of the auctions are subject to change without notice. Ventucci reserves the right to, at any time, (i) add or remove items from an auction, (ii) edit item descriptions and/or add/delete photographs from listings, (iii) make changes to an auction’s closing, preview/viewing/inspection, or removal times, (iv) add minimum bids or reserve prices, (v) suspend, cancel, reschedule, or extend the sale of an individual item, lot, auction, and/or auction event, (vi) or take any other action Ventucci deems necessary to affect the fair conduct of the sale or protect Ventucci’s interests.
11. PROHIBITED USE
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adept, 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, disassemble, 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.
12. DISPUTE RESOLUTION, CHOICE OF LAW, VENUE
Notwithstanding any provision of these terms to the contrary, at Ventucci’s sole option and election, any controversy of claim arising out of or relating to these terms or auction conducted under these terms, shall be settled by arbitration administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each bidder agrees that any judgements awarded may be applied to and collected from each bidder personally or corporately. Claims shall be heard by a single arbitrator selected by Ventucci. The place of arbitration shall be Howard County, Maryland and the arbitration shall be governed by the laws of the Commonwealth of Maryland. The standard provisions of the Commercial Arbitration Rules shall apply. As such, hearings shall take place in person. The cost of the arbitration shall be born solely by the bidder.
13. LIABILITY
Ventucci’s liability shall be limited solely to the refund of bidders purchase price.
14. INDEMNIFICATION
To the fullest extent possible, each bidder agrees to indemnify and hold Ventucci harmless from any current or future claim regarding the auction or property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
15. SEVERABILITY
If any term, provision, paragraph, condition, or other portion of these terms, or application of these terms to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of these terms and such term, provision, covenant, or condition as applied to other persons, places and circumstances will remain in full force and effect.
16. LIMITATIONS
The above-stated terms and conditions of Sale cannot be altered except in writing by Ventucci. These Terms and Conditions do not, nor are they intended to, create any agency-, partnership-, joint venture-, employer-employee-, or divisional relationship.
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