The participation in any online auction hosted on the Hall's Auction Services Ltd. website (the "Site") is subject to the Auction Terms and Conditions of the auction as posted on the Site, as posted in the auction showroom, and as set out in the catalogue. Hall's Auction Services Ltd. (the "Auctioneer") reserves the right to periodically modify the Terms and Conditions and it is your responsibility to review all changes made to these Terms and Conditions prior to each use of this Site. By using the Site, you agree in advance to accept any such changes.
1. To participate in any online auction, you are required to register on our Site. All registration information you provide to the Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name, fraudulent contact information, or a stolen credit card.
2. Bids left online, even bids left in "error", are legally binding and are non-retractable. All bids left online require confirmation. Bidding errors are the sole responsibility of the bidder and will not be considered as grounds for the cancellation of any sale.
Once you place a bid, and if you win, you are obligated to buy the lot. Placing a bid on our Site, winning the lot, then not paying for the purchase may result in prosecution, suspension or permanent ban from registering for future auctions.
All lots offered for auction are "as is" and all sales are final. There are no refunds, exchanges, discounts, or returns accepted for any reason.
3. All items offered for auction are subject to a start price which the Auctioneer will not sell below.
4. The highest bid accepted at the lot closing will be the winning bid. The close of a successfully bid lot signifies the acceptance of a contract with Hall's Auction Services Ltd., selling as agent for the seller.
As a Bidder you are responsible for any bids placed under your bidding account. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your account.
5. Online auctions begin and end at a predetermined date and time. If an item receives a bid during the final two minutes of the count-down clock there will be an automatic bidding extension: the bidding clock will be extended by two minutes - for that item alone. The time extensions continue until there is a two-minute period during which no bidding takes place on the lot.
6. Auction purchases are subject to a 17% Buyer's Premium on the bid price if settled by cash, certified cheque, Interac, or electronic transfer. Visa and Mastercard payments are accepted, subject to a 20% Buyer's Premium.
All auction purchases are subject to GST on the bid price and Buyer's premium unless specifically stated otherwise.
The Auctioneer will not be required to split payments between settlement methods.
Invoices will be emailed to successful bidders within 2 hours of the close of the auction. Invoices are to be settled within three days of the close of the auction. Accounts not settled by the deadline will be charged to the credit card used for registration.
7. Bidders outside of Canada may be subject to additional security procedures if settling purchases on credit card; specifically, we may ask for copies of personal identification and credit cards. All out-of-country credit card transactions will be subject to address verification.
Hall's Auction Services Ltd. reserve the right to ensure verified funds for all out-of-country purchases prior to releasing any good for shipment.
8. In the event of any dispute between bidders or in the event of doubt on the Auctioneers' part as to the validity of any bid, the Auctioneer retains the final discretion to determine the successful bidder, cancel the sale, or to re-offer and re-sell the article in dispute. If any dispute arises after the sale, our sales record is conclusive.
The buyer will comply with all laws, statutes, ordinances and regulations regarding bidding, purchase and transport of lots. The amount and/or type of alcoholic beverages purchased and taken into another province, state or country may be limited or entirely prohibited. The buyer is responsible for compliance with all applicable tax laws, duties and exportation and importation requirements. Each buyer represents and warrants that he or she will ensure that any purchased lots to be shipped will not be delivered to or received by any persons less than 18 years of age
9. All parties bidding at the sale shall be held to have informed themselves as to the condition, identity, and authenticity of lots, and shall not be entitled to make any objections after the sale on any grounds whatsoever. All items are sold on an as-is-where-is basis and no guarantee is given as to their condition or suitability for any purpose.
Hall's Auction Services Ltd. does not include condition notes in the description of the lots. Please use the photographs as a guide to condition. If you have any questions or concerns, we are happy to provide condition reports upon request.
Potential purchasers can inspect auction items in person during the pre-scheduled dates and times for viewing. This is recommended to determine condition, size and whether any item may have been repaired or restored. By placing a bid online, you agree that you have either inspected the respective lot or have waived your right to do so.
10. Lots purchased are to be removed from the auction premises within four days of the close of the auction sale. Lots purchased but not picked up within one week of the auction will be subject to storage charges of $5 per item per day without exception. Lots left beyond thirty days will be considered abandoned and will be resold, either by public auction or private treaty sale, and without any further notice, either verbal, or in writing to the purchaser, who shall make good any deficiencies or commission arising thereon.
11. It is the responsibility of the buyer to make all arrangements for insuring, packing and removing the property purchased and any assistance by the Auctioneer, or the employees of, agents or contractors in packing and removal shall be rendered as a courtesy and without any liability to them. The Auctioneer shall not be liable for any errors or omissions, or damage caused by packers and shippers, notwithstanding the fact that the Auctioneer may have recommended such shippers or packers to the purchaser.
12. The purchaser(s) acknowledges that certain properties of Canadian cultural import may be subject to the provisions of Cultural Property Import and Export Act of Canada.
13. Neither the seller nor any employee of Hall's Auction Services Ltd. has any authority to make representation or warranty regarding specific lot(s) or the conduct or execution of the auction.
14. On no account is a consignor of goods to Hall's Auction Services Ltd. allowed to bid on his or her own merchandise.
15. As a result of your participation in our online auction, or by inclusion on our mailing and e-mail notification list, we may have collected some or all of the following personal information: name, address, postal/zip code, telephone number, e-mail address, and credit card information. This information will only be used by Hall's Auction Services Ltd. and / or Hodgins Art Auctions Ltd. to provide you with information regarding our products and services, namely upcoming auctions and events. The Auctioneer does not sell or rent this information.
16. This agreement comprises the entirety of the contract between Hall's Auction Services Ltd. and the buyer. The Auctioneer shall not be held liable in respect of any representations not made in writing herein. This agreement shall be governed in accordance with the laws of the Province of Alberta. In the event of a dispute hereunder, the Buyer agrees to submit to the exclusive jurisdiction of the provincial courts and the federal courts sitting in the Province of Alberta.
