TIMELESS CLASSICS

Terms

The following terms are supplemental to our Terms of Use and apply to Auctions conducted on the Service and offline by Activity Auctions. Our Terms of Use are incorporated here by reference. Capitalized terms not defined in these Activity Live Auction Terms and Conditions have the meanings set forth in our Terms of Use. By completing an online Bidder Registration Form and establishing a Member Account on the Service, you agree that you have read, understood, and agree to be bound by the Terms of Use and these Auction Terms and Conditions.

1. Auctions.

Each Auction conducted on the Service is of a designated set of items (each a "Lot") on a designated date or dates. Lots are provided by the party that wishes us to sell property on their behalf (each such party a "Consignor"). The Service will provide the pertinent information for each Auction, including date, start of auction, each Lot to be sold, and location. Certain Auctions on the Service may also be contemporaneously conducted live in-person, while other Auctions may be exclusively conducted on the Service. All Auctions conducted by Activity Auctions, and these Auction Terms and Conditions, are governed by the laws of the State of California. Activity Auctions maintains a bond on file with the California Secretary of State as required by California Civil Code ?1812.600.

2. Registration.

In order to participate in an Auction, registration is required for all persons wishing to Bid ("Bidders"). Any person registering to Bid by phone, absentee, or in person will complete a Bidder Registration Form. Online Bidders will submit a completed electronic form through the Service at activityauctions.com, where they also may establish a Member Account. Each Auction requires a separate registration; Bidders with a Member Account may register for Auctions via their account.

(a) Information Required. To register, Bidders are required to submit their name, physical address, telephone number, email address, and credit card information. You hereby represent that all information you submit in connection with registration is truthful and accurate. By submitting your information, you consent to have your personal information processed by Activity Auctions in the United States in accordance with our Privacy Policy.


(b) First Time Bidders. For verification purposes, Bidders who have not participated in an Auction are required to submit a copy of their (A) official government-issued identification (driver's license / passport / state identification card) and (B) credit card. Copies of such documents may be submitted in person, via facsimile 646-714-5312 or email info@activityauctions. Failure to do so may inhibit your ability to register.

(c) Credit Card Authorization. We (and/or our third-party payment processor) may verify credit card information in order to register. To verify your card, we will charge $0.01 to it. After the card is verified, we will immediately refund the card . Your card issuer will credit your card balance within thirty (30) days from the date of the refund. In the event you add or replace a credit card, we may also verify such new or replacement credit card.

(d) Minors. Bids will not be accepted from those persons under the age of eighteen (18) without (i) written consent of said person's parent or legal guardian, or (ii) unless such person is an emancipated minor. Written consent must acknowledge the terms and conditions of sale. This written consent constitutes an agreement to be bound thereby on behalf of the Bidder.

(e) Responsibility for your Account. Bidder acknowledges and agrees that all Bids placed under Member's Account are considered to be placed by the Member or with Member's authorization.

(f) Approval of Registration. Activity Auctions, in its sole and absolute discretion, reserves the right to approve or reject Bidders for its Auctions at any time. We are under no obligation to accept your application for registration.

(g) Term of Registration. Upon approval by Activity Auctions, your registration is effective throughout the applicable Auction for which you registered and any post-Auction obligations you incur in connection with Bids you placed during such Auction.

3. Bidding.

Upon completed and approved registration, Bidders may submit a binding offer to purchase a Lot at a specified price (a "Bid") in an Auction.

(a) Placement; Payment Authorization. When a Lot at the Auction goes live, Members are free to place bids under their Member Account on such Lot (i) if an Auction conducted both in-person and online, until the individual conducting the sale for Activity Auctions (the "Auctioneer") determines that bidding on such Lot has closed, or (ii) if an online-only Auction, in accordance with the parameters set forth on the Service for such Lot. As bids are placed, Activity Auctions reserves the right to authorize your credit card for any bid amount placed. If an authorization was made on a Bid and you are subsequently outbid, Activity Auctions will release that authorization.

(b) Notifications. If you are placing Bids via the Service, each time you are outbid Activity Auctions will send you an email message notification advising you of such. If you are the Winning Bidder for a given Lot, Activity auctions will send you an email message confirmation.

(c) Bid Conditions. Activity Auctions reserves the right to accept or decline any Bid. Bids must be for an entire Lot. Each Lot constitutes a separate sale. All Bids are per Lot unless otherwise announced at a live sale by the Auctioneer. All winning Bids are subject to a Buyer's Premium (as defined herein). Live auction Lots will be sold in their numbered sequence unless the Auctioneer directs otherwise. Activity Auctions may cancel any Lot and have it removed from an Auction prior to acceptance of a winning Bid. In the event a Lot is removed from an Auction, notice will be provided (i) on the Service, (ii) via email to Bidders who placed their Bid on such Lot via the Service, and (iii) if the Auction is an in-person Auction, at the physical location of the Auction. In such instance of Lot removal from an Auction, any Bids previously placed on such Lot prior to its removal from the Auction shall be cancelled, and Activity Auctions will not receive any further Bids on such Lot.

(d) Purchase Obligations. In connection with making Bids, Bidders agree that the registered Bidder with the highest Bid at the close of the Auction will be obligated to purchase the Lot. By bidding on any Lot, you agree to purchase the Lot at the price you have Bid. You agree that should you Bid on a Lot and that Bid is the winning Bid, that you are bound to pay Activity Auctions the winning bid amount for the Lot. All sales are final and winners cannot cancel. No exceptions will be made. You further acknowledge and agree that the winning Bid you submit for each Lot is subject to: (i) additional fees, including the Buyer's Premium and Online Service Fee (if applicable), and (ii) additional costs, including taxes, shipping (if applicable), storage (if applicable), and customs (if applicable), and that you are obligated to pay such fees and costs in connection with your winning Bid.

(e) Conduct. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for Lot(s). Bidders participating in both live and online auctions acknowledge that the law provides for substantial penalties for those who violate these provisions.

(f) Disputes Between Bidders. For live auctions the Auctioneer will have final discretion in the event that any dispute should arise between Bidders. The Auctioneer will determine the successful Bidder, cancel the sale, or re-offer and resell the Lot or Lots in dispute. Activity Auctions will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises our sale record is conclusive.

(g) Online Bids. Our online auction software is provided "As Is" and "As Available." High speed internet access is required to access the Service effectively. The Service is subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Activity Auctions is not responsible for any delays, delivery failures, or other damage resulting from such problems.

(h) Reserve. All of the Lots offered at Auction are subject to a confidential minimum price acceptable to the Consignor at which the Lot will be sold (the "Reserve"). Activity Auctions is not obligated to sell the Lot unless the Reserve is met. A Lot or Lots may be withdrawn from an Auction if there is no Bid equal to or above the Reserve.

During a live auction the auctioneer may open any Lot by bidding on behalf of the Consignor and may bid up to the amount of the Reserve, by placing successive or consecutive bids for a Lot or Bids in response to other Bidders. Online sales may do the same by employing the use of a starting Bid which will commence bidding at or below the reserve price agreed to by the Consignor.

4. Winning Bids.

At the close of the Auction, the highest Bid for a Lot will be considered the "Hammer Price", and the successful Bidder shall be informed by email (the "Winning Bidder" or the "Purchaser"). The Winning Bidder is responsible for paying to Activity Auctions the Hammer Price, Buyer's Premium, any applicable credit card processing fees, and all applicable taxes, plus shipping costs (if applicable), insurance costs while in transit (for items not picked up in person), Online Service Fee (if the Winning Bidder placed the Bid online via the Service) and any applicable customs and/or duties (such amounts collectively, the "Total Purchase Price"). Upon conclusion of the Auction, we will provide the Winning Bidder with an accounting statement of the Total Purchase Price by email.

(a) Risk of Loss; Release of Lots. Upon establishment of the Hammer Price for the purchase of the Lot (the "Sale"), the Winning Bidder immediately thereafter assumes full responsibility for all risk of loss or damage (including, without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works) and will immediately pay the Total Purchase Price or such part as Activity Auctions may require. All Sales are final. Lots will be released to you (or the shipping company, as applicable) upon our receipt of payment of the Total Purchase Price in full from you.

(b) Bu