Should you decide to use the services and features of the Site and become a member of the White Goose Estate Sales community, you must read, understand and accept the terms and conditions of this Site, as well as the PRIVACY POLICY (collectively, the "Agreement") in their entirety as written and unchanged.
Changes to Terms & Conditions:
Be informed that White Goose Estate Sales (hereinafter referred to as "WGES" or "Company") reserves the right to modify and amend the Agreement at any time in WGES's sole discretion by posting the modified and amended terms on the Site. Except as otherwise and specifically stated, all modified and amended terms will be immediately effective upon their posting on the Site.
You (hereinafter referred to as "You" or "User") are responsible for regularly accessing and reviewing the Agreement since any applicable modifications and amendments may be posted without notice to You. You agree that WGES is not obligated to notify You at any time of any modifications or amendments to the Agreement. Your continued use of the Site after any WGES posting of modifications and amendments to the Agreement constitutes your acceptance of such Agreement changes. If You do not accept any modifications and amendments to the Agreement, do not continue to access the Site and use its services and features.
Use of the Site's services and features are strictly limited to those who are at least 18 years old in age and can form legally binding contracts under applicable law. Further, services and features of the Site are not available to temporarily or indefinitely suspended Site members. If You do not meet these requirements, do not use the Site's services and features.
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.
2. MEMBERSHIP ELIGIBILITY
The Site is available to members who are 18 years and older and who have not been suspended or removed by WGES 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 WGES.
Note: Upon registration, you will see a $1 validation to the card. It is not a charge, but only a validation to verify that the card is real/legitimate. The validation should drop from your account after several days, depending on your credit card.
3. BUYER’S CONTRACT
Bids placed on the WGES website are a binding contract. You are responsible for paying all amounts due to WGES within one business day of the close of the sale. 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.
Email, or any other, notifications sent by WGES are a courtesy to the User. WGES shall not be held responsible for any emails that are not received by the intended recipient. It is the User's responsibility to ensure that their email system is functioning properly and that all necessary precautions are taken to receive communications from WGES. Furthermore, the absence of the User's receipt of email notification does not relieve the User of their responsibilities. When User places a bid(s) on an item(s), User assumes full responsibility and accountability for checking the status of that bid on their User dashboard.
4. ITEM DESCRIPTIONS
Description. Catalog descriptions are qualified opinions. While efforts are made to accurately list damage, repairs, brand, model or restorations, the absence or inaccuracy of such descriptions or conditions should not be construed as indicating that the lot is in perfect condition. Absence of written description or details of flaws, damage, repairs, etc. does not imply that the item is in perfect condition. The majority of items sold by WGES are antique, vintage, or used, and unless explicitly stated otherwise, they should not be considered 'new.' User should anticipate and accept signs of wear consistent with the item's age and/or use.
Photographs. Photographs serve as integral components of the item's description and condition and are part of the description and condition report. User is solely responsible for inspecting the photos as part of their due diligence. By signing for the item at pick-up, User acknowledges and accepts the item as-is, where-is based on the information provided in the cataloging including description and photographs.
As-is, Where-is. All items are sold as-is, where-is. While WGES will do its best to accurately list any damage, repairs, brand, model or restorations, the absence or inaccuracy of these descriptions or conditions must not be taken to imply that the lot is in perfect condition. Most of the items WGES sells are antique, vintage or used and should not be considered "new" unless specified as such. User should expect signs of wear consistent with age.
Preview. At its sole discretion, WGES may offer preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing bids, but is not required to do so.
Condition Report. Condition reports may be available upon request. ANY CONDITION STATEMENT IS GIVEN AS A COURTESY TO USER. It is only a subjective, qualified opinion genuinely held by WGES and should not be treated as a statement of fact. It is to be used for guidance purposes only. WGES shall have no responsibility for any error or omission.
Absence of previews and/or condition reports does not imply that the lot is in perfect condition. It is the sole responsibility of User to make condition inquiries prior to bidding as part of their due diligence.
5. PAYMENT
WGES uses an auto-debit system provided by AuctionNinja.com for online auction payments. A valid and current credit card is required to be “on file” for all registered Users to place a bid. By providing your credit card information to WGES, You authorize WGES to charge your credit card for all auction invoices, including buyers premium, any applicable shipping/transportation fees and applicable taxes. All site users must agree to this payment format in order to continue using this site and acknowledge that User will maintain valid credit card information within your user profile so long as You maintain an account with WGES.
WGES will extend a grace period until 9 a.m. Eastern Time on the day following the close of the sale to successfully complete payment should a charge be declined by the user's bank due to a zip code mismatch, expired card, or other reason.
As a courtesy, WGES may attempt to reach you via telephone, email or SMS/text to alert you if you have an outstanding invoice. However if User placed a bid(s) on an item(s) in auction, it is User's sole responsibility to check the status of their account and/or any invoices (through User's online dashboard).
All User invoices, bid history, and account information may be found on their User dashboard by logging in to the User's account.
6. BUYER’S PREMIUM
Buyer's premiums vary by sale. The buyer’s premium (typically between 18% and 25%) will be added to the hammer price in all online-only auctions. WGES reserves the right to adjust the buyer's premium on any auction as its sole discretion. You agree to pay the buyer's premium when you place a bid with WGES.
Buyer's premium will be clearly noted on the Auction Details & Pick-up Info button page which appears on the item details pages for each auction.
7. SALES TAX
All sales are subject to appropriate sales tax laws.
Tax Certficates / Resale Certificate. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. The User's account details must match the information contained on the Tax/Resale Certificate.
A. Tax/Resale forms must be submitted in your membership profile (login, go to dashboard, Account, Preferences, scroll down to Tax Information). Adding your Tax/Resale certificate number only is not acceptable. You must upload a copy of the certificate. User's profile name and account address must be the same as what is stated on the Tax/Resale certificate.
B. The Company will verify and must first approve tax certificates before permitting tax exempt status on User's profile.
C. Upon receipt and acceptance of such information by WGES, User's future purchases will not be taxed.
8. RETENTION OF CREDIT CARD INFORMATION
By providing your credit card information to WGES, You authorize WGES to auto debit/charge your credit/debit card on file for the purchase amount of any successful bid(s) or purchase(s) plus any applicable taxes, shipping / delivery / transportation costs and handling/storage fees.
IN THE EVENT THAT YOU FAIL TO PICK-UP AND/OR PAY FOR YOUR ITEMS IN ACCORDANCE WITH THE WGES TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE WGES TO CHARGE YOUR CREDIT/DEBIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM/S PLUS ANY AND ALL TAXES, TRANSPORT/SHIPPING/DELIVERY/DISPOSAL FEES OR COSTS AND/OR ANY REASONABLE HANDLING/STORAGE FEES OR COSTS.
9. TRANSPORTS, SHIPPING, DELIVERY & PICK-UP
If You are the successful bidder, You must pick up your item(s) at the designated sale location within the assigned time frame as stated in the sale details page.
WGES generally does not provide shipping nor packing services. Please email us at info@whitegooseestatesales.com BEFORE the auction close to determine whether an item can be transported to the UPS Store in East Hampton, NY. All other shipping services must be arranged by winning bidder at winning bidder's expense through a third-party provider of their choice, however that third-party provider must pick up items during the scheduled pickup timeframe as a proxy for the winner bidder.
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 WGES within 24 hours prior of the pick-up date and the Company will determine if alternate arrangements may be made. Alternate arrangements will be at the SOLE DISCRETION of WGES and will be subject to transport and/or storage fees. Such fees are payable upon retrieval of your items or billed monthly, at the sole discretion of WGES. You agree that WGES may charge a higher handling fee for certain items which are difficult to transport, at the sole discretion of WGES.
Third-Party Shipping Agencies: You are free to choose a third-party shipping agency to handle the pick-up, packing, and shipping of your item(s). WGES is happy to provide referrals to both moving services and local third-party shippers. These referrals are provided as a courtesy and you may select any provider outside of these referrals. If using a third party agency, you agree to notify WGES in writing (via email) within 24 hours of the auction closing, giving WGES permission to release your item(s) to the third-party of your choosing.
Prior to bidding in any auction, it is User's sole responsibility to double check your availability for scheduled pick-up times and transport selections. If choosing a third-party shipping agency, it is User's sole responsibility to perform due diligence in researching shipping costs prior to placing any bids and to then bid accordingly.
Pick-up. You (your representative/agent who picks-up your order in your stead) assume sole responsibility to verify the presence and accuracy of all the lot(s) included in the order. Upon signing the invoice and/or departing the pick-up area with the order, User accepts the order in its current state without exception. Upon signing the invoice (whether by User or by User's representative/agent), User holds the Company harmless and assumes full responsibility for the contents of the order. User explicitly understand that once the transaction is completed and/or the items are taken from the premises by User (or User's representative/agent), there shall be NO REFUNDS, NO RETURNS, AND NOR CREDITS granted by the Company.
10. RETURNS AND REFUNDS
Returns: WGES has a no-refund policy for all items. However, WGES reserves the right to accept returns at their sole discretion on a case-by-case basis. Should an inaccuracy or mistake in a listing be discovered after User has taken items from the premises WGES will, at their sole discretion, offer the possibility of return.
Refunds: In the event of a WGES-approved return, User is entitled to a refund total that is calculated by subtracting all non-refundable fees (including, but not limited to, credit card processing and AuctionNinja) and a minimum 5% re-stocking fee from the total item price (auction hammer plus buyers premium and sales tax). Refunds will only be issued once the items have been returned to WGES by User and items are inspected and deemed to be as they were when User took item from the premises. WGES does not pick up returns nor does it process refunds without the items being returned. WGES assumes no responsibility for the processing time of the card-issuer once the refund has been processed.
11. "ABANDONMENT" OR FORFEITURE OF ITEMS
IN THE EVENT (FOR ANY REASON) YOU FAIL TO PICK-UP OR PAY FOR THE LOT(S) WON IN AUCTION IN ACCORDANCE WITH THE SITE'S TERMS & CONDITIONS THE RESPECTIVE MERCHANDISE WILL BE CONSIDERED ABANDONED/FORFEITED BY YOU.
YOU AGREE THAT THE TITLE(S) WILL REVERT TO WGES WITHOUT ANY REFUND NOR RECOMPENSE TO YOU FOR ANY FORFEITED ITEM(S).
YOU EXPRESSLY AGREE THAT FAILURE TO RECEIVE ANY LOT(S) IN THE EVENT OF ABANDONMENT / FORFEITURE DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO PAY ANY AND ALL FEES OR EXPENSES, AND YOU SHALL BE RESPONSIBLE TO PAY WGES ALL ASSOCIATED TAXES, SHIPPING / TRANSPORTATION COSTS, INSURANCE, STORAGE AND HANDLING FEES, MOVING OR DISPOSAL CHARGES, AND COLLECTIONS AND LEGAL FEES INCURRED PRIOR TO AND AS A RESULT OF SUCH ABANDONMENT / FORFEITURE.
YOU EXPRESSLY AGREE TO THAT FAILURE TO RECEIVE ANY LOT(S) IN THE EVENT OF ABANDONMENT/FORFEITURE DOES NOT ENTITLE YOU TO SEEK RELIEF BY FILING A DISPUTE WITH THE ISSUING BANK OF THE CREDIT CARD USED FOR YOUR TRANSACTION.
YOU AGREE THAT WGES MAY AT ITS ABSOLUTE AND SOLE DISCRETION, RESELL, DISPOSE, OR DONATE TO A CHARITY OF ITS CHOOSING THE ABANDONED / FORFEITED ITEM(S). DISPOSAL OF FORFEITED ITEMS WILL INCUR A DISCRETIONARY FEE THAT WILL BE DETERMINED SOLELY BY WGES AND WILL REFLECT THE TIME, EFFORT, AND CONTAINER SIZE REQUIRED TO DISPOSE OF THE ITEM. BY WAY OF EXAMPLE, A BED (INCLUDING MATTRESS & BOXSPRING), COUCH, OR OTHER LARGE FURNITURE ITEM WILL INCUR A MINIMUM COST OF $75 PER ITEM AS A DISPOSAL FEE.
YOU AGREE THAT WGES RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING OR DISPOSAL CHARGES ASSOCIATED WITH THE ABANDONED / FORFEITED ITEM(S).
WGES reserves the right to report User's account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your user membership, including bidding privileges, with WGES will be revoked unless past due invoices and any additional charges/fees are paid in full and all auction winnings are picked-up within the designated pick-up dates and times. BY BIDDING ON THE SITE, YOU FULLY AGREE TO THESE TERMS.
12. 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, 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.
