Updated Terms and Conditions
Agreement (Updated 3/15/24)
By bidding on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to make a bid on or buy any item.
Inspection, Assumption of Risk and Disclaimer of Warranties
Bidder is knowledgeable and informed about the items for which Bidder submits a bid, and Bidder assumes all risk relating to the condition, authenticity and value of the item. Bidder understands and agrees that Bidder is relying solely on Bidder's inspection, evaluation, information and judgment when submitting a bid regarding any item, and that Auctioneer makes no representation or warranty concerning the value, condition or authenticity of any item offered for bid. All items offered for bid or sale are sold "AS IS," "WHERE IS," and without representation, warranty or guarantee of any kind, whether created by statute or by common law. AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY IMPLIED BY COURSE OF DEALING, OR ANY OTHER WARRANTY, WHETHER CREATED BY STATUTE OR BY THE COMMON LAW.
Any grading or authentication by any third party, including any statements made on certificates of authenticity, grading certificates, valuation certificates, certificates of appraisal, gemological laboratory reports, or any similar reports or valuations are exclusively the opinions of the authors, and are not the opinions or statements of Auctioneer. Bidder understands that Auctioneer has not verified any such statements or opinions and does not warrant their accuracy. Bidder relies exclusively on Bidder's own investigation and information, and assumes all risk of any inaccuracy in statements or opinions expressed by others.
Agreement Not to Dispute Credit Card Charges
Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge, issue a "Chargeback" or reverse any such payment or charge.
Governing Law and Venue
This Agreement and the rights of the Parties shall be governed by and construed in accordance with the laws of the State of Arizona without the application of any conflict of law principles that would require or permit the application of the laws of any other jurisdiction. Any action at law or judicial proceeding instituted by any Party relating to this Agreement shall be instituted and maintained only in the state or federal courts in Maricopa County, Arizona.
1. EVERYTHING MUST BE PAID FOR IN FULL ON THE DAY OF THE AUCTION REGARDLESS OF WHEN IT IS PICKED UP. Online Only auctions require that all invoices are paid within three days of the auction closing. ITEMS NOT PICKED UP WITHIN 10 DAYS WILL BE FORFEITED (INCLUDING ANY AND ALL MONIES PAID FOR THE ITEM OR ITEMS). Items which have been left unpaid and not picked up within 3 days will become property of the auction house and resold at our discretion. We require that all items are picked up within 10 days of the auction. If you purchase with a credit card or debit card, presentation of the card you paid with and your photo ID or Drivers license at pickup is required. The name and address on the credit card must match the name and address on the account. We cannot take credit card payment over the phone, if you need to change your payment method after the auction date you will be required to mail a cashier's check or pay by wire transfer.
2. Everything will be sold "as is, where is", with no guarantees of any kind, regardless of statement of condition made from the auction block. Buyers shall rely entirely on their own inspection and information. Statements on Certificate(s) Of Authenticity, Grading Certificates, Valuation Certificates, Certificates of Appraisal, Gemological Lab Reports, and the like (collectively referred to herein as COA) are the opinion of the company or entity which issued the COA, and not those of Pot Of Gold Estate Liquidations, LLC. The information contained on the COA is added to the written descriptions of items solely as an attempt to fully disclose any information accompanying the item, and in no way constitutes a guarantee of the validity of the information on the COA. It is the sole responsibility of the bidder to verify the claims made on said COA before placing any bids on that item. When placing bids on item(s) accompanied by COA(s) it is the sole responsibility of the bidder to research the company or entity which issued the COA and base bidding activity on the strength of the reputation of the company which issued the COA(s). No refunds will be given due to disputes over the validity of information contained on COA(s).
3. Grading and authentication is not an exact science, and it is possible that two people do not always grade or evaluate the same item alike. Any stated grade or condition or estimated value represents the opinion of the third-party professional whose opinion is quoted in the item(s) description. Lots that are accompanied by a Certificate of Authenticity from a third-party authenticator are not eligible for return. Absolutely no exceptions will be made regarding this policy. Given the opinionative nature of autograph authentication, autographed items which are accompanied by the Third Party Authentication(s) listed with a lot represents the opinion of the third-party professional, and no further warranties or guarantees of opinion from outside authenticators, or so-called "experts", is being implied or guaranteed in any way. LOTS MAY NOT BE RETURNED BASED UPON A DIFFERENCE OF OPINION IN GRADING OR AUTHENTICATION. It is ultimately the Bidder's responsibility to arrive at a final conclusion on their level of satisfaction of authenticity PRIOR to bidding. Please do not bid on a lot if you are not comfortable with the stated authentication(s) that accompany a lot.
4. Every effort is made to "guard" merchandise throughout the auction; however, the bidder becomes solely responsible for all items purchased by him immediately following his winning bid. Therefore, he is advised to further guard his items at his own discretion.
5. The Bidder is responsible for knowing which item he is bidding on. If he is unsure, he should inquire or not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes".
6. Firearms: In accordance with Federal Law every gun purchase must be approved via a background check. It is the responsibility of the purchaser to be aware of his or her ability to pass a federal NICS check. It is the responsibility of the interstate purchaser to be aware of the laws of their state regarding the legality of receiving any item, and for providing us with a receiving FFL Dealer in the bidder's locale. Due to Federal Regulations we unable to sell any firearm-related merchandise outside of the United States.
****Local Buyers will pick up their firearms from Estrella Ordnance the day following payment (which is typically the Thursday after an auction). Estrella Ordnance is located at 3673 S Bullard Ave #122, Goodyear, AZ 85338.
7. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the seller. Also, if a bidder has a negative score / rating on Hibid those bidders' bids may not be accepted.
8. Buyer's Premium: 15% buyer's fee (buyer's premium) will be added to all invoices.
9. Shipping: At this time we only accept bids from the United States and Canada.
All packages must be sent to the billing address. If you would like your item shipped to an address other than your billing address you will be required to overnight a Cashier's Check or pay by wire transfer for the full invoice amount. All firearms must be mailed to your local FFL dealer.
Shipping Firearms: Estrella Ordnance will handle all gun shipments. You can reach them at (623) 262-2154
Non-Firearms: We handle most of the shipping in-house, however, items that are oversized or require very specialized packing material will be handled by our third-party shippers. All packages must include insurance and a signature confirmation, for your protection.
Items that are shipped in-house will be processed within 3-5 business days. We will automatically charge the card on file for the shipping and handling fees. All packages will be charged exact shipping fees as well as a handling fee and insurance. Invoices totaling $200 or more will also include signature confirmation. Invoices with firearms, ammo or related items will require an adult signature confirmation. You will receive a tracking number once your items are shipped. We will ONLY ship to the billing address on file.
Our handling fee starts at $7.50 per package, larger packages or items that require more packing materials may incur a larger handling fee.
IT IS THE RESPONSIBILITY OF THE BIDDER TO VERIFY AND CONFIRM THE SHIPPING ADDRESS AS IT APPEARS ON EACH INVOICE (Found in the Sold To section of each invoice).
10. ON-LINE ABSENTEE BIDS ARE ACCEPTED UP UNTIL 1 HOUR BEFORE THE LIVE AUCTION BEGINS. These bids are NOT THE FINAL RESULT. Absentee bids become part of the live bidding action during the auction and are entered by a Proxy Bidder who acts on behalf of the absentee bidder. (Note: The exception of any ONLINE ONLY auctions, which have NO LIVE PORTION.)
11. Invoice totals for Out-of-state Bidders and Non-Local Bidders will be charged to the credit card on-file on the night of the auction, and at a rate of 15% Buyer's Premium. At this time, we only accept bids from the United States and Canada.
12. The majority of our auction items are offered without reserves. In the rare case an item has a reserve, whether it be a private or stated reserve, Pot of Gold Estate Liquidations, LLC may implement such reserve by bidding on those specific items on behalf of the seller.
13. This clause pertains to consignments. Occasionally consignors will bring items that we ultimately are unable to sell due to condition or value. When that occurs, consignors agree, as spelled out here in Clause #13 in our Terms and Conditions, to pick up items within ten days of notification (usually via email) by Pot Of Gold Estate Liquidations, LLC, or else those items will be forfeited, to be disposed of at our discretion.
