Art Pottery and Decorative Arts Auction

Terms

All bidders are responsible for reading, understanding and agreeing to these Terms and Conditions of Sale, as well as any supplemental notices provided either in writing or verbally prior to the start of the auction. If you have any questions after having read the Terms and Conditions of Sale, please contact Just Art Pottery at 309-690-7966.

BIDDER REGISTRATION AND SECURITY: Bidder registration information shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder's must provide a valid credit card in the Bidder's name. Just Art Pottery, at its sole discretion, may deny registration to any person or entity. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Just Art Pottery if they believe that their bidder number and password have been compromised.

BID IS A CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the item at the closing bid price. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.

AUCTION CLOSING: Beginning at the stated closing time, the auction software will close bidding on two lots each minute in catalog order with the following exception: if a bid is placed in the last five (5) minutes remaining for that auction lot, bidding for that lot will remain open for an additional five (5) minutes. After five (5) minutes with no bidding activity the lot will close.

BUYER'S PREMIUM AND PAYMENT: All lots are subject to a 15% buyer's premium. State and local sales tax of 8.00% will be charged for bidders residing in Illinois unless a valid tax exemption number is provided. Buyer will receive an invoice via electronic mail after the close of the auction. We accept check, money order, Visa, MasterCard, American Express and Pay Pal. If payment is not arranged within two (2) calendar days of sale, the invoice will charged to the credit card on file for your bidder number. If your credit card on file is not valid, Just Art Pottery reserves the right to void the sale and deny future participation in future auctions. All items are held until payment has cleared.

BIDDING AND BIDDING INCREMENTS: Items failing to receive an opening bid will be passed. Consignors are contractually prohibited from bidding on lots they have consigned to the auction. The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments.

CONDITION: Art pottery described as mint condition is represented as being free of damage including cracks, chips, hairlines and repairs. The item may contain normal crazing, minor scuff marks, scratches, dirt, minor factory irregularities such as base flakes from grinding, clay separations, glaze/color skips, kiln flaws and stilt marks. Any factory flaws that are in our opinion significant will be noted. All sizes are approximate.

GUARANTEE: If a purchaser of any lot alleges a problem of authenticity or condition, where the description(s) was/were materially inaccurate and misleading and substantially overstated the value of the lot(s), the purchaser will have three (3) calendar days after receipt of property, to contact Just Art Pottery by phone or email to request permission to return the lot. Provided the lot(s) are returned, fully insured, within three (3) calendar days of receiving written permission in the same condition the lot was at the time of sale and proves the truth of such allegations to the satisfaction of Just Art Pottery, the sale of such lot will be rescinded. Just Art Pottery will refund the full purchase price, including buyer's premium, shipping and insurance costs paid by the purchaser to Just Art Pottery. Refunds shall not include costs of shipping, transportation, insurance, or other expenses that may have been incurred by the purchaser to return the lot(s). In the event that the purchaser's allegations cannot be confirmed upon inspection by Just Art Pottery, the lot(s) will be returned to the purchaser at the purchaser's expense. It will be the sole discretion of Just Art Pottery as to whether the lot will be taken back, resold, returned to the consignor or refused a return in the case that the purchaser's allegations are unwarranted. This guarantee extends to the original buyer of record. Items paid for on or after the thirtieth (30th) calendar day following the auction are sold "as is" and the above guarantee is null and void.

PRE-AUCTION ESTIMATES: Presale estimates when provided are our opinion of the price that a willing buyer may pay for the item at auction, based, on prices paid for comparable items sold in the past. Presale estimates are not a representation or prediction of the actual selling price that will be realized at any particular auction, post-auction sale, or upon resale. Actual sale prices may vary substantially from these estimates. We shall not be liable in any way for such a difference. All Proxibid auction items are offered with no reserve.

SHIPPING: Just Art Pottery offers professional packing and cost-effective shipping services for all auctions items. Shipping costs include USPS shipping charges and associated material and labor.

LIMITATION OF LIABILITY: If, for any reason, Just Art Pottery is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole liability of Just Art Pottery, if any, shall be the return of monies paid in respect of such Purchase upon its return by Purchaser.

DISPUTES, JURISDICTION AND ILLINOIS LAW: The laws of Illinois shall govern this auction conducted by Just Art Pottery. Anyone who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of Illinois with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that action to enforce the terms and conditions herein and/or to collect any sum due, Just Art Pottery shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit.

INTERRUPTION OF SERVICE AND SITE USAGE: Just Art Pottery cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Just Art Pottery, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Just Art Pottery is final. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Just Art Pottery. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.

TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Just Art Pottery until terminated by Just Art Pottery. This Agreement may terminated by Just Art Pottery at any time, without notice. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Just Art Pottery reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.