Terms and Conditions The merchandise listed in any Through The Vine Auctions, LLC auction is offered under the specific terms stated below. An auction may also have set terms that apply solely to that individual auction. Such terms shall be posted in the “Auction Details” section of that auction. By registering to bid in a Through The Vine Auctions, LLC auction, you (the bidder/buyer) hereby declare to have read, understood and consented to the following Terms and Conditions. Please feel free to contact the Through The Vine Auctions, LLC office with any questions you may have regarding these terms prior to bidding. ELIGIBILTY -Must be 18 years of age or older to bid in any Through The Vine Auctions, LLC auction. BUYER’S PREMIUM AND SALES TAX -A 10% Buyer’s Premium along with sales tax will be added to the highest bid to arrive at the total purchase price. -Sales Tax Breakdown: Tennessee State Tax – 7% Giles County Tax – 2.5% City of Pulaski – .25% -Tennessee residents as well as any out of state buyers that choose to pick up purchased items in person must pay Tennessee state and local sales tax unless the Through The Vine Auctions, LLC office has been provided with a copy of your sales tax exemption certificate prior to the auction ending. (To submit a copy of your sales tax exemption certificate please email a copy to info@throughthevineauctions.com with the subject line: Tax Exemption.) -Any out of state bidder that purchases items at auction to be shipped to his/her location will have to pay the appropriate sales tax of his/her city, county and state, unless a copy of his/her tax exemption certificate is provided to the Through The Vine Auctions, LLC office prior to the auction ending. SOFT CLOSE AND STAGGERED ENDING -All Through The Vine Auctions, LLC auctions feature a soft close with staggered ending times. -A “softclose” allows an online auction to emulate the excitement of a live auction by enabling bidders to engage in rapid last-minute bidding. When an item offered at auction receives a bid with three (3) minutes or less remaining before the scheduled end time, that item will have its end time extended by an additional three (3) minutes. This process will continue with each new bid until the time runs out. -A softclose will apply to each individual lot separately and not to the entire auction as a whole. -The ending time for the lots in an auction will be staggered in groups. (Example: If an auction has 500 lots, the lots will be split into groups of ten (10) to twenty-five (25) lots. Each group of lots will have a separate ending time at intervals of three (3) to five (5) minutes.) This process allows the bidder to more easily keep watch on various items of interest. MAX BIDDING -A max bid, simply put, is a bid that exceeds the asking bid. When a bidder places a max bid on an item, he/she is in essence is allowing the computer to place bids on his/her behalf with a set maximum limit. SERVER AND SOFTWARE TECHNICAL ISSUES -In the event of any technical issues that may arise, Through The Vine Auctions, LLC reserves the right to extend the ending time or postpone the auction entirely until such time these issues can be resolved. AGENCY -Through The Vine Auctions, LLC and its staff are working solely as agents of the seller/consignor/client. Upon signing of an auction contract, Through The Vine Auctions, LLC has a legally binding fiduciary duty to operate in the best interest of the seller/consignor/client. BUY BACKS AND RESERVES: -Sellers/Consignors/Clients are contractually prohibited from placing bids on the items he/she is selling at auction with Through The Vine Auctions, LLC. -A seller/consignor/client may request a reserve (minimal acceptable bid) be placed on items being sold at auction with Through The Vine Auctions, LLC. However, both the seller/consignor/client and the auctioneer must agree upon an appropriate reserve price before listing such an item. In the event that the reserve is not met at auction, the seller/consignor/client agrees to pay a 10% commission of the reserve price to Through The Vine Auctions, LLC. Should a reserve be placed on an item at auction, that item will be marked as having a reserve on the website and bidders will receive notification when the reserve has been met. Through The Vine Auctions, LLC nor its auctioneers will divulge the set reserve price prior to that price being met by a bidder. Through The Vine Auctions, LLC nor its staff will place bids on a reserve item in the attempt to push the bid to its reserve. Although this practice is technically legal, Through The Vine Auctions, LLC seeks to be above reproach in its business practices. DISCLAIMER -The Auctioneers and auction staff at Through The Vine Auctions, LLC reserve the right to participate in an auction by bidding on items of interest for himself/herself. No bids will be place by Auctioneers or staff for the purpose of artificially run up the sale price of the items offered at auction. If he/she bids on an item, it is to personally purchase the item. If a bidder/buyer suspect foul play please notify Andrew Heard, the owner of Through The Vine Auctions, LLC, directly. A complaint will be filed and investigated. If evidence of bid tampering or foul play is discovered, appropriate actions will be taken. FIREARMS -Must be 18 years of age or older to purchase riffles/shotguns. -Must be 21 years of age or older to purchase handguns. -Buyers must abide by all local, state and federal laws that apply to any firearm purchase. -An FFL chosen by Through The Vine Auctions, LLC will be reside over all firearms sales. -All buyers will be required to fill out any appropriate paperwork set forth by the designated FFL and pass an FBI background check before possession of the firearm will be relinquished to the buyer. -A 20% (of the total purchase price) restocking fee will be charged to the buyer should he/she be unable to take possession of the firearm for any reason. -Firearms purchased by an out of state bidder must be transferred from the designated local FFL to an FFL of the buyer’s choice in his/her state. A shipping and handling fee will be assessed to the buyer. All appropriate paperwork as well as the FBI background check will be administered by the receiving FFL. The buyer’s chosen FFL must send a copy of his/her FFL along with the name of the buyer to info@throughthevineauctions.com before shipping of the firearm can take place. TITLES -A signed title (when applicable) and bill of sale will be given to the buyer only once the purchase invoice has been paid in full. -The buyer will be responsible to pay all taxes and required fees at his/her local county clerk’s office. BIDDER INFORMATION -Please ensure that all contact billing and shipping information provided during registration is accurate and up to date. GUARANTY -When placing a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he/she personally guarantees payment to Through The Vine Auctions, LLC for the unpaid balance, for any reason. -This bidder/buyer will also be liable for any and all legal expenses as well as reasonable attorney’s fees incurred by Through The Vine Auctions, LLC in an attempt to collect payment. INSPECTION AND BIDDING -All bids are final and cannot be changed or retracted. It is the bidder’s responsibility to confirm a bid prior to submitting that bid. -Through The Vine Auctions, LLC and its auctioneers reserve the right to refuse/reject any bids deemed suspect for any reason at the discretion of the auctioneer. -All sales are final, and all items are sold as is without warranty. Through The Vine Auctions, LLC, in good faith, have strived to accurately describe the items to be sold at auction and take photos that clearly detail the quality of these items. However, Through The Vine Auctions, LLC, its auctioneers and their clients are not responsible for any missing or incorrect listing information. -A preview/inspection date will be scheduled for each Through The Vine Auctions, LLC auction. The location and scheduled timeframe for this inspection period will be posted in the “Auction Details” section of the corresponding auction. It is solely the responsibility of the bidder to inspect each item and determine the actual condition of the items offered at auction prior to placing a bid. Failure to attend the prescheduled inspection period is in no way an excuse to dispute auction purchases and is done so solely by the informed choice of the bidder. INVOICING AND PAYMENT -Following the close of an auction, an invoice with the bidder’s total purchase price will be emailed to the email address provided during registration. If a bidder does not receive an email (check the spam folder), please notify Through The Vine Auctions, LLC via email at info@throughthevineauctions.com. -Although required during the registration process, credit/debit cards will not be charged unless that is the preferred payment method of the buyer. -Payments may be made in the form of cash, check or credit/debit card. -An additional 4% fee will be applied to the invoices of anyone paying by credit/debit card. -All out of state bidder invoices will be charged via the on-file credit/debit card. -Any bidder that fails to submit timely payment for purchased items will be blacklisted from all future auctions and will be subject to pay all reasonable attorney fees and legal costs incurred due to the efforts of Through The Vine Auctions, LLC to collect the unpaid funds. In addition, a fee of 2% of the outstanding balance will be imposed each month until any and all unpaid invoices are settled. PICKUP, LOADING AND REMOVAL -Prescheduled pickup dates will be posted in the “Auction Details” section of a given auction at the time bidding for that auction opens. It is the bidder’s responsibility to know these dates and to appropriately arrange their schedule to accommodate this time frame. -Should the bidder be unable to pick up during the scheduled time frame it is his/her obligation to arrange for others to pick up on his/her behalf. -If someone other than the named bidder on the invoice is to pick up purchased items, please contact the Through The Vine Auctions, LLC office to inform the staff that it is acceptable to release the purchased items to this person prior to him/her arriving at the pickup location. -An invoice must be paid in full before any items may be removed from the pickup location. -It is the buyer’s responsibility to bring all necessary packing, moving, loading and rigging equipment to the scheduled pickup location. No boxes, wrapping materials or hand trucks will be made available at pickup. -Buyers must bring assistance to help move and load purchased items. -Auction staff will be present at pickup to ensure a safe environment. -Auction staff will not be required to help pack, move or load items for the buyers but may do so upon request of the buyer, if he/she chooses to do so. However, Through The Vine Auctions, LLC and its staff are not liable for any broken or damaged items. In addition, Through The Vine Auctions, LLC nor its staff are responsible for any injuries acquired during the moving, loading or transporting of purchased items. -Failure to remove items from the pickup location in the allotted time frame, regardless of payment status, will result in the forfeiture of purchased items as well as the blacklisting (banning) from future auctions. -“No Shows”, or bidders who do not attend an auction pickup, without having previously made arrangements for shipping with Through The Vine Auctions, LLC, will have his/her credit card on file charged for the total purchase price plus an additional fee (minimum of $20.00) for any labor involved with the removal/disposal of purchased items. SHIPPING -Through The Vine Auctions, LLC offers an in-house shipping service through Shipping Saint. -All buyers will receive a text message following the close of an auction with the option to either pickup in person or have his/her items shipped. Any buyer that requests to have his/her purchased items shipped will then be prompted to confirm his/her shipping address. -Buyers will receive a separate shipping invoice within 48 to 72 hours of the auctions close. This invoice will include the cost of packing materials, labor, insurance and shipping. -A shipping invoice must be paid in full before items will be shipped. -If a buyer refuses to make payment after receiving his/her shipping invoice or neglect to make other arrangements to pick up his/her items, Through The Vine Auctions, LLC will not issue any form of a refund. -As an alternate option, at the buyers’ request, a consignment agreement can be sent via email for the buyer to review and sign. The buyer will have five (5) business days to sign and return the consignment agreement. Once Through The Vine Auctions, LLC receives the signed consignment agreement, the items will be relisted in the next scheduled consignment auction. A consignment fee of 40% will be retained by Through The Vine Auctions, LLC from the collected proceeds after the items have been resold at auction and the remaining 60% will be mailed to the consignor. If a signed consignment agreement is not returned within the allotted five (5) business day period, or other arrangements have not been made, all items will be considered abandoned by the buyer and become the sole property of Through The Vine Auctions, LLC. TRANSPORT AND STORAGE FEES -In the event of a bidder/buyer being unable to either pick up or arrange the pickup of the items purchased at an offsite auction, he/she may request that the auction staff on scene transport purchased items back to the Through The Vine Auctions, LLC office. Each such request will be reviewed on a case-by-case basis and left to the discretion of the individual staff member. Should the auction staff member agree to honor the request, a transport fee will be invoiced, and payment will be required before the purchased items will be released to the bidder/buyer. The transport fee may vary depending on the size, weight and difficulty involved in accommodating the request. -If for any reason, Through The Vine Auctions, LLC agrees to hold a bidder’s/buyer’s purchased items at the request of the bidder/buyer, he/she must pick up the items by close of business the next day. An additional fee (undetermined) for storage/transport will be applied to the outstanding invoice and must be paid befor items will be released to the bidder/buyer. Should the bidder/buyer be unable to pick up the purchased items during this extended pickup period, he/she will be charged an additional storage fee of $5.00 per day. The storage fee invoice must be paid in full before the items will be released to the bidder/buyer. -Refusal to pay a transport or storage invoice will result in the forfeiture of the items purchased. DISPUTES AND LEGAL ACTIONS -Any disputes, whether brought forth by Through The Vine Auctions, LLC or the buyer, will be tried in a court of jurisdiction in Giles County, Tennessee.