NATIVE TURQUOISE NO RESERVE IN-HOUSE SHIPPING

TERMS & CONDITIONS OF SALE - LEGALLY BINDING CONTRACT
By using the online auction platform (the "Platform"), Users acknowledge and accept these Terms & Conditions in full. The Auction House reserves the right to update these Terms & Conditions at any time. Continued use of the Platform constitutes acceptance of any and all changes.
By registering to bid, placing a bid, or making a purchase through the Platform, you enter into a legally binding agreement with Southwestern Style Gallery and Auctions (Auction House) and agree to be bound by these Terms & Conditions in their entirety. These Terms shall prevail over any inconsistent terms presented elsewhere.
1. Binding Legal Agreement
Each bid constitutes a binding legal contract to purchase the item, which is accepted upon the auctioneer?s announcement of sale. By registering for or placing a bid on the Platform, you confirm that you have read, understood, and agreed to these Terms & Conditions. All bidders must be over the age of 18 and legally capable of entering into enforceable contracts.
2. Final Sale & No Refund Policy
ALL SALES ARE FINAL AND BINDING.
There will be no cancellations, returns, exchanges, or refunds under any circumstances. All items and lots are sold AS IS / WHERE IS to the highest bidder.
The Auction House provides descriptions, photographs, and expert opinions to the best of its ability but makes no warranties, express or implied, as to: description accuracy, attribution or authenticity, provenance or period, age, origin, or condition.
All written or verbal statements are opinions only of Southwestern Style Gallery and Auctions and are not to be relied upon as statements of fact. Buyers are solely responsible for conducting their own due diligence and asking all questions prior to bidding. Failure to request condition reports or clarification shall not be grounds for dispute, cancellation, or refund. You confirm that you are not relying on any external or verbal representations outside of this contract.
3. No Cancellation Policy
Bids may not be retracted. Orders may not be canceled for any reason once placed. Attempting to cancel after bidding or after receiving shipping confirmation is a violation of this agreement and may result in a permanent ban and collection proceedings.
4. Proof of Shipment & Transfer of Risk
The Auction House?s obligation is considered fulfilled upon verified shipment of the item via USPS, UPS, FedEx, DHL, or any recognized carrier. Tracking updates including ?Accepted?,? ?In Transit? or ?Delivered? serve as conclusive proof of shipment.
Risk of loss transfers to the buyer upon shipment. Signature confirmation may be required for high-value items. Buyers must ensure their shipping address is accurate, complete, and secure. Tracking and carrier records shall be considered legally sufficient evidence of delivery. The Auction House is not responsible for stolen, lost, or misdelivered packages once they are in the possession of the shipping carrier.
5. Ownership, Payment Terms & Handling Fees
Ownership of an item transfers to the winning bidder once full payment has been received and processed. Payment is due within three (3) calendar days of the auction?s close.
If payment is not received in time, the Auction House will charge the credit card on file with LiveAuctioneers. A credit card processing fee applies. The Auction House reserves the right to cancel the sale, ban the bidder from future auctions, or refer the unpaid invoice to collections.
MANDATORY HANDLING FEE: To offset operational costs, packaging materials, labor, and shipping preparation, a handling fee of $7-$45 will be applied to all invoices, depending on the quantity, size, fragility, and packaging requirements of the items ordered. This fee is non-negotiable and must be paid in full as part of the total invoice.
6. Collections & Legal Recourse
Failure to pay, reversed charges, or any fraudulent behavior will result in submission to a licensed third-party collection agency, reporting to credit bureaus and auction platforms, and legal action to recover: the full invoice amount, administrative and chargeback reversal fees, collection agency costs, attorney?s fees, and 18% annual interest on any unpaid balance until paid in full.
7. Bidding Rules & Auctioneer Rights
Southwestern Style Gallery and Auctions reserves the right to reject any opening bid deemed too low. The Auctioneer may withdraw any property at any time before the announcement of sale. The Auction House is not responsible for technical failures, live or absentee bids not executed, internet interruptions or system errors, or user mistakes or bidding errors.
In cases of multiple identical high bids, the Auctioneer has sole discretion in determining the winning bid.
8. Shipping & Buyer Responsibility
All shipping and handling fees are the responsibility of the buyer unless otherwise stated. The Auction House is not liable for shipping delays, customs issues or import duties, or lost, stolen, or misdelivered packages after shipment.
Buyers must request all information or condition reports prior to bidding. Inquiries are generally answered within 1-2 business days. Failure to request additional information does not constitute grounds for complaint or cancellation.
9. Accepted Payment Methods
We accept major credit cards, ACH/bank transfers, PayPal, and LiveAuctioneers Payments (LiveAuctioneers payment portal is preferred).
To complete payment, click Pay Now on your invoice. A processing fee applies to all credit card payments.
10. Chargebacks & Fraudulent Disputes
By participating in any auction, you expressly agree to the following:
You waive all rights to dispute credit card charges under any of the following claims, including but not limited to: ?Not received?,?Transaction cancelled?,?Unauthorized transaction?, ?Item not as described, or any other false, misleading, or fraudulent reason. Any such action will result in an immediate and permanent ban from all future auctions, reporting to law enforcement and auction fraud registries, and civil litigation for recovery of the full invoice amount, chargeback reversal fees, legal and collection costs, and applicable interest. All chargeback attempts will be pursued to the fullest extent of the law under both federal and Texas state jurisdiction.
11. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to conflict of laws principles. All disputes shall be resolved exclusively in the state of Texas, and you waive any right to claim jurisdiction elsewhere.
12. Buyer Review & Acceptance of Listing Information
By placing a bid, the bidder confirms that they have carefully reviewed the auction listing, including the item description, photographs, shipping information, buyer?s premium, handling fees, and all applicable charges prior to bidding. The bidder acknowledges that these details were available before the auction and accepts them as part of the purchase agreement.
13. Platform & Processing Fees
Buyers acknowledge that additional charges may apply to their invoice including buyer?s premium, applicable taxes, shipping costs, handling fees, insurance, and payment processing fees. These charges are clearly disclosed within the auction listing and/or platform checkout process. By placing a bid, the buyer accepts responsibility for all applicable fees associated with the transaction.
14. Right to Cancel Transaction
Southwestern Style Gallery and Auctions reserves the right to cancel any transaction and refund payment at its sole discretion, including but not limited to cases involving suspected fraud, bidder misconduct, technical errors, listing inaccuracies, inventory errors, or any situation deemed inappropriate or risky by the Auction House.
15. Passed Lots & Post-Auction Offers
Lots that remain unsold or pass during the auction may, at the sole discretion of Southwestern Style Gallery and Auctions, be reoffered in future auctions. In order to remain fair to bidders who participated in the live sale, the Auction House does not accept post-auction offers or negotiations on passed lots.
16. Right to Refuse Service
Southwestern Style Gallery and Auctions reserves the right to refuse service, reject bids, cancel bidder registrations, or prohibit participation in current or future auctions at its sole discretion.
17. Bidder Conduct & Communication Policy
The Auction House expects all bidders and buyers to conduct themselves in a professional and respectful manner when interacting with the Auction House and its representatives. Harassing, abusive, threatening, or excessive communications directed toward the Auction House, its staff, or representatives may result in immediate termination of communication, cancellation of transactions at the Auction House?s discretion, suspension of bidding privileges, permanent banning from future auctions, and reporting to applicable auction platforms.
The Auction House reserves the right to limit or discontinue communication with any bidder or buyer whose behavior is deemed disruptive, unreasonable, abusive, or excessive.
18. Shipping Estimates Disclaimer
Shipping estimates displayed on the LiveAuctioneers platform are generated by LiveAuctioneers and/or third-party shipping systems. Southwestern Style Gallery and Auctions does not control, calculate, or guarantee these estimates. Actual shipping, insurance, handling, and packaging costs may vary depending on item size, weight, fragility, order value, and shipping destination.
19. Electronic Records & Platform Documentation
All auction activity conducted through the LiveAuctioneers platform, including bidder registration, bid history, invoice generation, payment confirmation, and communication records, constitutes legally binding electronic documentation. These electronic records shall serve as valid and enforceable evidence of the transaction and the buyer?s acceptance of these Terms & Conditions.
20. Entire Agreement
These Terms & Conditions constitute the entire agreement between the User and Southwestern Style Gallery and Auctions, superseding any prior agreements or communications, whether oral or written. Continued use of the Platform and submission of bids constitutes full legal acceptance of all terms herein.