Toys, Collectables and other Consignments
TERMS & CONDITIONS
1. PREVIEW:
Open previews are available from 9 am to 5 pm on Wednesday, July 24th to Saturday. July 27th at 21207 Boundary Road, Carrollton, VA 23314
2. PAYMENT:
a.To register for and participate in our auctions, you must be at least 18 years old with a valid credit card on file.
b. The currency for all purchases is USD.
c. There is a 15% Buyer’s Premium added to all winning bids.
d. The first time you save a new card to your account, there may be a $50 soft charge and void to confirm there are funds available, similar to a gas station or hotel. This soft charge falls off as a pending charge for most users within 10 business days, depending on your financial institution and merchant services provider. Marshall Enterprises, Auction & Realty, LLC does not receive these funds in any way.
e. Sales Tax: 5.3%
f. Credit Card Convenience fee: 3%
g. How to pay:
- Unless your invoice amounts to more than $3,000, your credit card on file with our company will be charged immediately following the close of the auction. In the event your card isn’t charged immediately, it will be charged within 24 hours of the auction closing. Credit cards accepted include VISA, Mastercard, American Express, and Discover.
- For invoices over $3,000, Marshall Enterprises, Auction & Realty, LLC accepts: Cashier's Check, ACH, Wire Transfer
h. Invoices that have cards on file decline may be subject to a $15 declined card fee, if we are unable to secure payment by the close of the first pick-up day following the auction ending.
i. You agree not to initiate a chargeback for your purchases under any circumstances. If there is any discrepancy, please give us the opportunity to explore your circumstances by reaching us at John@Marshallepz.com or 1-757-357-6156. If you initiate a chargeback for any reason, the auction house reserves the right to ban you from future auctions.
j. Transportation, storage, shipping, and handling fees are at the sole discretion of the Auctioneer. Call to discuss shipping
k. Invoices must be paid within 7 business days, failure to pay beyond this deadline, without ongoing communications with our company, may result in being blocked from future bidding.
l. We reserve the right to refuse service to anyone.
3. LOCAL PICK-UP:
a. By appointment only and if paying for items at pickup let us know when making appointment. Bring a photo ID and be prepared to present your email invoice receipt of purchase.
b. All inventory, is located at our warehouse facility at 21207 Boundary Road, Carrollton, VA 23314.
c. Loading, transportation, and any required disassembly of items is the sole responsibility of the buyer. We do not provide tools for disassembly or assist with moving heavy objects. In some cases, we may require professionally licensed, bonded, and insured movers to load out inventory that is deemed overly heavy for safety purposes.
e. We require written permission for all pick-ups on the buyer’s behalf. Email us at John@marshallepz.com or text us at 1-757-357-6156 to request a substitute pick-up person on your behalf.
f. Any inventory not collected, or without shipping arranged by the close of the second pick-up day will incur transportation and storage fees for a minimum of $25 per lot, per day, for up to seven days.
g. Any inventory remaining in excess of seven days after the close of the auction will be shipped to the address on file at the buyer’s full expense and charged to the card on file unless the cost is deemed unreasonable by the auction house. If deemed unreasonable, the item will be forfeited to the auction house to be relisted, disposed of, or donated at the buyer’s expense.
4. SHIPPING:
a. Contact us at John@marshallepz.com or 757-357-6156 to make shipping arrangements, including shipping to an alternate address, or procure your own shipping services.
b. Invoices must be paid in full before shipping is initiated.
c. International buyers are responsible for any customs fees or duties on their purchases.
5. BIDDING ONLINE:
a. All bids placed are final. As a company policy, we do not retract bids. If you default on payment or have your high bid removed for any reason, you will be liable for any difference in sale price between what your high bid was, and the final sale price of the lot.
b. The auction will close at a rate of two lots per minute. If a bid is placed within an item's closing minute, the lot will be automatically extended by one minute.
c. Company Defined Online Bidding Increments: $0 - $100: $5, $101 - $500: $10, $501 - $1000: $20, $1001 - $1,999: $25, $2,000 - $9,999: $50, $10,000 - $20,000: $100, $20,001 - and up: $500
d. Bid increments are subject to change at any time at the auctioneer's discretion.
e. When a user places a Maximum Bid, it will be placed equal to the reserve price if said Maximum Bid exceeds the reserve. If the Maximum Bid amount is below the reserve the bid will be placed for the full amount.
f. The auctioneer reserves the right to lift a reserve price at any time which guarantees a sale to the highest bidder at any price.
g. Being the high bidder on an item, with or without reserve, is a legally binding commitment to purchase the item for the amount of the high bid. This does not include Maximum Bids which exceed the amount of the current high bid.
h. Marshall Enterprises, Auction & Realty, LLC is providing Internet auction bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall Bidder have any kind of claim against Marshall Enterprises or anyone else if the Internet service fails to work correctly before or during the timed or live online auction. Marshall Enterprises will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bids are acknowledged should use the website feature and leave their maximum bid 24 hours before the auction ends.
i. Marshall Enterprises, Auction & Realty, LLC reserves the right to withdraw, re-sequence, or re-catalog items in this auction at any time, for any reason.
6. CONDITIONS OF SALE:
a. All property is sold “AS IS”, and ALL SALES ARE FINAL. Bidder agrees that everything is sold as-is and that they may not return any item they purchase. THERE ARE NO REFUNDS.
b. Items may have wear and tear, imperfections, or the effects of aging. Any condition statement given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All dimensions provided are approximate.
c. Buyers are always encouraged to inspect items in person prior to bidding to make their own determinations as to condition, age, size, authenticity, value and any other determining factor by appointment only. Not all inventory will be open for previews. Additional detailed condition reports such as photos, videos, or other, can likely be provided upon request with enough advance notice at least 48 hours prior to auction closing. The bidder shall be the sole judge of value and authenticity and may not make any contest regarding any determining factor. Bidders who participate from off-site and forego the opportunity to be present at the preview understand and acknowledge that this affects their ability to inspect an item as well as if they examined it in person.
d. Marshall Enterprises, Auction & Realty, LLC may attempt to describe the merchandise in advertising, on the internet, and at the auction but makes no representations. In no event shall Marshall Enterprises be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Marshall Enterprises, Auction & Realty, LLC shall endeavor to describe in detail each item and any pertinent information about it.
e. Marshall Enterprises, Auction & Realty, LLC will not be responsible for any errors or omissions in the description of the merchandise unless it is a material misrepresentation of the item itself.
f. Any high/low estimates provided are a courtesy only, and not a guarantee of the sales price.
7. WARRANTIES OF OWNER/REPRESENTATIVE:
a. The owner/representative of consigned inventory warrants that they are the owner or have the right to sell listed items and have merchantable title to the items of personal property offered for sale, hereby granting to the Auctioneer the right to convey a merchantable title to successful high bidder after payment has been received in full. The Owner/representative guarantees clear title, and that liens on the listed property be so stated whereby arrangements will be made so that clear title will be issued to the purchaser. In the event the owner/representative is unable to clear the title within 15 business days following the conclusion of sale, Auctioneer reserves the right to cancel the sale and refund the buyer in full.
8. GOVERNING LAW & VENUE:
a. This agreement is governed by and construed in compliance with the domestic laws of the Commonwealth of Virginia without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the Commonwealth of Virginia or of any other jurisdiction) that would cause the application of the laws of any jurisdiction except the Commonwealth of Virginia. All disputes related to this agreement shall be resolved in a court of law located in Smithfield, Virginia.
9. ACCEPTANCE:
a. By bidding in our auction the Bidder accepts and agrees that they have read and agreed to the Terms & Conditions of the auction in their entirety. Thank you for your understanding, accordance, and acceptance of these Terms & Conditions.
