#017 Silver, Gold, Watches, Jewelry, Handbags

AGREEMENT BETWEEN MTTC AND THE REGISTERED BIDDER

These Auction Terms and Conditions ("Agreement") govern your use of the Michael Thomas Trading Company website, that conducts online auctions and sales of consigned items ("MTTC"), your registration as a bidder, your participation in any auction, and your purchase of any lot or item offered by MTTC.
By browsing, liking, following, registering, bidding, purchasing, or otherwise participating in an MTTC auction, you ("Bidder" or "Buyer") acknowledge that you have read, understood, and agree to be bound by this Agreement, as amended from time to time. It is your responsibility to review this Agreement before bidding and before completing any purchase.
MTTC may also collect, use, and process certain personal information in accordance with its separate Privacy Policy. While MTTC uses commercially reasonable measures to protect personal information, no data transmission or storage method can be guaranteed to be completely secure.

Acceptance of Terms

1.1 Binding Agreement
This Agreement is a binding contract between MTTC and the registered Bidder. By placing any bid, you make a binding offer to purchase the applicable lot if you are the winning bidder.
1.2 Eligibility
By registering, you represent that you are legally able to enter into binding contracts and are authorized to make payments using the payment method provided. MTTC may refuse, suspend, or revoke registration or bidding privileges at any time in its sole discretion.
1.3 Amendments
MTTC may update or revise this Agreement at any time. Continued use of the website, platform, or participation in an auction after any update constitutes acceptance of the revised Agreement.

General Auction Terms

2.1 Binding Nature of Bids
Each bid is irrevocable except as expressly provided in this Agreement. If you are the winning bidder, you are obligated to complete the purchase in accordance with these terms.
2.2 Bidder Responsibility
The Bidder is solely responsible for reviewing all available descriptions, images, condition information, measurements, and any other information relating to a lot before bidding. MTTC provides information as a courtesy but does not guarantee that any description, image, or statement is complete, accurate, or error-free.
2.3 Auctioneer and MTTC Discretion
MTTC and its auctioneers reserve full discretion to:
determine the winning bidder;
set and modify bid increments;
accept, reject, reopen, or rescind bids;
resolve tie bids, disputed bids, irregular bids, and technical issues;
postpone, suspend, extend, or cancel any auction; and
withdraw any lot at any time before or during the auction, without liability.
2.4 Auction Errors and Sale Cancellation
MTTC reserves the right to cancel any sale or transaction if:
the lot is unavailable;
the lot fails internal review or quality control;
the reserve price is not met;
there is a clerical, cataloging, photographic, title, or description error;
a technical failure or platform malfunction occurs; or
MTTC suspects fraud, bidding misconduct, non-payment risk, or other improper activity.
2.5 Withdrawal of Lots
Any lot may be withdrawn before or during the auction at MTTC?s discretion and without liability to any bidder or buyer.

Invoicing and Payment

3.1 Invoice Terms
Payment in full is due within forty-eight (48) hours after the auction closes, unless MTTC states otherwise in writing. Those who are registered with AutoPay will have their card on file automatically after the invoice is sent.
No lot will be released, shipped, or made available for pickup until the invoice is paid in full, including hammer price, buyer?s premium, applicable taxes, shipping charges, insurance charges if applicable, and any other approved charges.
Partial payments are not accepted unless MTTC approves otherwise in writing. MTTC is not obligated to reserve, hold, or release any unpaid lot.
If an invoice remains unpaid for fifteen (15) calendar days after the auction closes, MTTC may, in its sole discretion:
cancel the sale;
declare the bidder in default;
forfeit the lot;
relist or resell the lot;
suspend or permanently revoke bidding privileges;
report the default through the auction platform;
refer the account to collections; and
pursue legal remedies.
The defaulting bidder remains liable for all unpaid amounts, any deficiency on resale, collection costs, platform fees, attorney?s fees where permitted, storage charges, shipping charges, and any other damages or costs incurred by MTTC as a result of the default.
3.2 Accepted Payment Methods
Accepted payment methods may include Visa, MasterCard, American Express, and bank wire transfers, subject to MTTC approval and any platform restrictions. MTTC reserves the right to decline or require a specific form of payment for any transaction.
Payment plans for high-value lots may be offered only with MTTC?s prior written approval.
3.3 Buyer?s Premium
22% on total hammer price.
MTTC may modify buyer?s premium rates before any auction, provided the applicable rate is disclosed before bidding.
3.4 Sales Tax
Purchases may be subject to applicable sales, use, and similar taxes based on the destination of the shipment, pickup location, and applicable law.
If you claim resale or tax-exempt status, you must provide a valid resale or exemption certificate in form and substance acceptable to MTTC or the applicable payment platform. If tax is collected by a third-party auction platform or payment processor, MTTC is not responsible for refunds of tax collected by that third party.
3.5 International Duties and Charges
For international orders, the buyer is responsible for all customs duties, import taxes, tariffs, brokerage fees, and similar charges. MTTC may, in its discretion, collect an estimated deposit for such charges. Any such estimate is not a cap on the buyer?s responsibility.
3.6 Store Credit
If MTTC issues store credit, it will be valid for one (1) year from the date of issuance unless otherwise stated in writing. Store credit may be limited to designated transaction types or purchasing channels as specified by MTTC at the time of issuance.

Shipping, Pickup, and Delivery

4.1 Buyer Pays Shipping
The buyer is responsible for all shipping, handling, packing, insurance if requested or required, delivery, and related charges.
4.2 No Shipment Until Paid in Full
Lots will not be shipped until all charges are paid in full. A lot with unpaid shipping charges is considered unpaid.
4.3 Shipping Timeframe
Most orders are expected to ship within one (1) to three (3) weeks after full payment is received. All shipping timelines are estimates only. Delays do not constitute grounds for cancellation, refund, chargeback, or refusal of payment. Expedited shipping may be available upon request at the buyer?s expense.
4.4 International Shipping
MTTC may provide international shipping at the bidder?s expense. For customs and commercial invoice purposes, the declared value may include the hammer price, buyer?s premium, shipping charges, and other applicable charges. Insurance is available at the bidder?s expense and, unless otherwise required by MTTC, only upon request.
4.5 Local Pickup
Certain lots may be eligible for local pickup by appointment at MTTC?s Long Beach location. Eligibility is determined by MTTC on a case-by-case basis and may be limited to select small, fragile, or high-value items. A lot?s ineligibility for local pickup is not grounds for cancellation.
Intent to arrange pickup must be communicated to MTTC within three (3) business days after payment by email to info@michaelthomastradingcompany.com.
4.6 Shipping Address Policy
If payment is made by bank wire transfer, MTTC may ship to an address authorized by the buyer in writing.
If payment is made by credit card or debit card, MTTC may require shipment only to the billing address associated with the payment method or to another address approved by MTTC after verification. Buyers requesting an address change after payment must contact MTTC. Address changes may require additional verification and may be subject to an administrative fee.
4.7 Unauthorized Returns and Refused Deliveries
Any return not expressly approved in writing by MTTC is an unauthorized return, including returns resulting from incorrect addresses provided by the buyer, refused deliveries, or unclaimed shipments.
The buyer is responsible for all reshipping, return shipping, handling, storage, and related charges. Unauthorized returns do not cancel the sale and do not relieve the buyer of any payment obligation.
4.8 Unclaimed or Unpaid Lots
Any lot that remains unpaid, unclaimed, or subject to unpaid shipping, storage, or related charges may be deemed forfeited by MTTC if not resolved within forty-five (45) days after the auction close, payment date, delivery attempt, or return, as applicable. MTTC may then resell, dispose of, or otherwise handle the lot in its sole discretion, without refund or liability, while preserving all rights against the bidder for unpaid balances and costs.
4.9 Risk of Loss
Risk of loss passes to the buyer upon delivery to the carrier, upon pickup by the buyer or the buyer?s agent, or upon transfer to a third-party shipper arranged by the buyer, whichever occurs first.
4.10 Force Majeure
MTTC is not liable for any delay, failure in performance, shipping interruption, or inability to fulfill any obligation caused by events beyond its reasonable control, including acts of God, weather, fire, flood, war, terrorism, civil unrest, pandemic, labor dispute, government action, carrier delay, utility outage, internet failure, or telecommunications disruption.

Item Descriptions, Condition, and Authenticity

5.1 As-Is, Where-Is
All lots are sold strictly "AS IS, WHERE IS," with all faults, wear, defects, restorations, alterations, imperfections, and unknown conditions, whether visible or not.
Descriptions, images, and condition information are provided for reference only and may not fully reflect the lot?s actual condition, color, size, completeness, or functionality. Buyers are encouraged to request additional information before bidding.
5.2 Condition Reports
Condition reports are provided only as a courtesy and represent MTTC?s good-faith opinion at the time of cataloging. They are not guarantees and should not be relied on as statements of fact.
Minor defects, odors, wear, scratches, discoloration, fading, repairs, loose threads, plating wear, age-related wear, or other imperfections common to pre-owned, vintage, antique, estate, or previously owned property may not be specifically described.
Photographs are provided to assist evaluation, but color and appearance may vary due to lighting, editing, screens, or device settings. Minor differences in color, finish, or appearance are not grounds for cancellation, return, refund, or chargeback.
Any reference to serial numbers, date codes, hallmarks, stamps, or other identifying marks is provided for general identification purposes only. Unless expressly stated otherwise, MTTC does not guarantee that any such number, code, or mark shown in an image or description is the exact number, code, or mark that will appear on the delivered lot.
Unless specifically stated in the lot description, items may not include original boxes, papers, dust bags, certificates, manuals, warranty cards, or other accessories.
The absence of a condition report does not mean that a lot is free from damage, wear, restoration, missing components, or other issues.
5.3 Authenticity
If MTTC expressly provides an authenticity guarantee for a specific lot in its listing, that guarantee applies only as stated in that listing and only subject to the procedures and limitations set forth in this Agreement.
To make an authenticity claim, the buyer must provide written documentation from the applicable manufacturer, an authorized dealer, or an authenticator approved by MTTC. Any third-party authentication requested by the buyer, including services such as Entrupy where applicable, is at the buyer?s expense unless MTTC agrees otherwise in writing.
5.4 Estimates
Any estimates, suggested values, replacement values, opinions of value, or similar statements are provided for guidance only. They are not appraisals, guarantees of resale value, insurance value, future value, or minimum selling price.
5.5 Reserves
Unless a lot is expressly stated to be offered without reserve, MTTC may place a confidential reserve on any lot. Bids below reserve may be rejected, and MTTC may protect the reserve as permitted by applicable law and platform rules.

Returns, Refunds, and Cancellations

6.1 All Sales Final
All sales are final unless MTTC expressly agrees otherwise in writing or unless a return is permitted under this Agreement.
6.2 Restocking Fee
Any return approved by MTTC may be subject to a restocking fee of twenty percent (20%) of the total purchase price, including applicable fees, unless prohibited by law or unless MTTC states otherwise in writing.
6.3 Bid Cancellation Requests
Requests to cancel an accidental bid must be submitted within twenty-four (24) hours of placement. MTTC may review such requests on a case-by-case basis but is under no obligation to grant them.
MTTC may cancel any bid or purchase if it suspects fraud, mistake, non-payment risk, technical error, or other improper activity.
If MTTC approves a cancellation request, MTTC may, in its sole discretion:
issue store credit, excluding certain fees or taxes, if applicable;
refund the purchase price subject to payment or retention of the buyer?s premium; or
apply any other commercially reasonable resolution.
6.4 Limited Return Exception for Significant Misdescription
A return may be considered only if:
the buyer notifies MTTC in writing within three (3) days of confirmed delivery; and
the lot is materially and significantly misdescribed.
Examples of potentially significant misdescription may include:
measurements differing by more than ten percent (10%);
incorrect material, color, or major identifying description; or
significant undisclosed damage or major misidentification.
Minor variations, age-related wear, restoration, lighting differences, color variance, missing accessories not expressly listed, or subjective disagreement with condition are not grounds for return.
6.5 Item Availability Across Platforms
Some lots may be offered across multiple sales channels or platforms. If a lot becomes unavailable for any reason, MTTC may, in its sole discretion:
provide a comparable replacement;
issue store credit; or
issue a refund.

Default, Remedies, and Collection

If a bidder fails to pay, breaches this Agreement, initiates an improper chargeback, refuses delivery without authorization, or otherwise defaults, MTTC may exercise any remedy available at law, in equity, under platform rules, or under this Agreement.
Such remedies may include cancellation of the sale, resale of the lot, retention of any payments received, suspension or termination of bidding privileges, collection efforts, chargeback dispute response, reporting the account through the applicable platform, and recovery of all losses, fees, costs, and expenses incurred by MTTC.

Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties
Except to the extent expressly stated in writing by MTTC for a specific lot, MTTC and its consignors disclaim all express and implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quality, rarity, provenance, condition, authenticity, or historical significance.
8.2 Statements of Opinion
Any oral or written statement by MTTC, its staff, representatives, auctioneers, or agents is an opinion only and does not create a warranty or guarantee unless expressly stated as such in writing.
8.3 Limitation of Liability
To the fullest extent permitted by law, MTTC, its owners, affiliates, consignors, employees, agents, contractors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to any auction, lot, bid, sale, delivery, delay, platform issue, or use of any purchased item.
The buyer?s sole and exclusive remedy for any proven claim shall be limited to the amount actually paid by the buyer for the specific lot that is the subject of the claim, and only to the extent permitted under this Agreement.

Intellectual Property

All text, photographs, videos, catalog entries, logos, and other materials used by MTTC in connection with any auction or lot are protected by applicable intellectual property laws.
Purchase of a lot does not transfer any copyright, trademark, reproduction right, publication right, or commercial use right in any image, listing, catalog, or other MTTC material.
MTTC retains the right to photograph, display, reproduce, archive, and use images and information relating to sold lots for recordkeeping, marketing, promotional, educational, and archival purposes.

Marketing Communications

By registering or participating in an auction, you consent to receive transactional communications from MTTC relating to registration, bidding, invoices, payment, shipping, pickup, returns, and account activity.
If you are not the winning bidder, MTTC may also send follow-up communications about similar lots, future auctions, private sale opportunities, and related marketing content, subject to applicable law. You may opt out of non-transactional marketing communications at any time.

Category-Specific Disclosures

11.1 Brand Representation
MTTC is not affiliated with, sponsored by, endorsed by, or an authorized dealer for any brand offered for sale unless expressly stated otherwise.
11.2 Handbags and Accessories
Unless stated otherwise in the lot description, handbags and accessories may not include original boxes, dust bags, straps, authenticity cards, receipts, or other accessories. Third-party authentication may be available at the buyer?s expense.
11.3 Jewelry
Jewelry items may not include appraisals unless expressly stated. Any appraisal, replacement value, or valuation is for reference only and does not guarantee resale value, insurance value, or market value. Ring resizing or alteration may not be possible on all pieces, especially designer-signed or fully set pieces.
11.4 Watches
Watches are sold without manufacturer warranties unless expressly stated otherwise. Unless noted in the lot description, watches may not include original boxes, papers, links, manuals, or service records.
If a watch is described as containing aftermarket or non-original components, that means one or more parts, accessories, or elements were not manufactured by the original brand or were added or replaced outside of factory production or authorized factory service.
11.5 Out-of-Auction Purchases
If MTTC offers direct sales, private sales, buy-now listings, or other out-of-auction purchases, MTTC may apply all or part of this Agreement to those transactions unless MTTC states otherwise in writing.

Dispute Resolution and Governing Law

Any dispute, claim, or controversy arising out of or relating to this Agreement, any auction, any bid, any lot, any payment, or any transaction with MTTC shall be resolved exclusively in the manner designated by MTTC in the applicable auction listing, invoice, or website legal terms, which may include binding arbitration.
Unless MTTC states otherwise in writing, MTTC may require that any such proceeding be conducted in English before a single arbitrator, and any resulting award may be entered in a court of competent jurisdiction. To the fullest extent permitted by law, punitive damages are waived.

General Provisions

13.1 Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
13.2 No Waiver
Failure by MTTC to enforce any provision of this Agreement does not constitute a waiver of that provision or any other right.
13.3 Entire Agreement
This Agreement, together with any posted auction-specific terms, lot-specific disclosures, invoices, and any policies expressly incorporated by reference, constitutes the entire agreement between MTTC and the registered bidder regarding the subject matter addressed herein.
13.4 Contact Information
For questions regarding bidding, invoices, shipping, pickup, or these terms, contact:
info@michaelthomastradingcompany.com