SebastianCharles Authenticity Guarantee and Terms & Conditions



Welcome to SebastianCharles Auctions! We are delighted to have you as part of our community of bidders, and we sincerely appreciate your trust in us. Our team is dedicated to providing you with a transparent and enjoyable auction experience, and we take pride in standing behind the authenticity of every item we sell. To avoid any surprises, please note that a 19% buyer�s premium will be added to all successful bids. Thank you for choosing SebastianCharles Auctions, and happy bidding!



The SebastianCharles Authenticity Guarantee



At SebastianCharles, our bidders can feel confident that what they are buying is authentic merchandise. We stand behind the products we sell. We carefully inspect all items before anything is listed in our auctions. As such, we warrant that any item listed is authentic and the contents are as cataloged, subject to the terms and limitations set forth below.



Scope of Guarantee

The SebastianCharles Authenticity Guarantee applies only to the authorship, origin, date, age, period, provenance and condition as specifically stated in the item description at the time of sale and is subject to the exclusions and limitations set forth below. The Authenticity Guarantee does not apply to any subsequent changes in scholarly or academic opinion.



Time Limitation for Claims

The SebastianCharles Authenticity Guarantee is valid for a period of one hundred eighty (180) days from the date of the auction. After such time, we will not be obligated to honor the Authenticity Guarantee. Any claims regarding authenticity must be submitted in writing to SebastianCharles within this one hundred eighty-day period.



Verification Process

If you believe an item purchased from SebastianCharles is not authentic as described:





You must notify SebastianCharles in writing within the one hundred eighty-day period, providing your contact information, invoice number, lot number, and a detailed explanation of your claim.






You must provide, at your expense, at least two written opinions from recognized independent experts in the field, acceptable to SebastianCharles, confirming that the item is not authentic as described in the catalog.






SebastianCharles reserves the right to consult with additional experts at our expense.






The item must be returned to SebastianCharles in the same condition as at the time of sale.







Remedy for Non-Authenticity

If SebastianCharles determines, in its sole discretion and based on the evidence provided, that an item is not authentic as described, the sale will be rescinded and the purchase price will be refunded to the original purchaser of record. This refund constitutes the sole remedy for any item determined not to be authentic, and the buyer shall have no further claims against SebastianCharles or the consignor.



Transferability Limitation

The benefit of the SebastianCharles Authenticity Guarantee is available only to the original buyer of record shown on the invoice, and only if the buyer is the owner of the item, free from any claim by a third party. The benefit of the Authenticity Guarantee may not be transferred to any subsequent owner.



Specific Categories of Items



Jewelry

SebastianCharles guarantees the stones we represent and the purity of the metal within 20% as cataloged. This guarantee does not extend to the quality, color, or clarity grading of stones unless specifically stated in the catalog description.



Sterling Silver

SebastianCharles guarantees weight, purity, and authenticity of silver within 10% as cataloged. This guarantee does not extend to the condition or functionality of silver items unless specifically stated in the catalog description.



Artwork

SebastianCharles guarantees the artist we are stating the artwork is by, as long as it's not described as an attribution, "style of," "manner of," "circle of," "school of," or similar qualification. For artwork with such qualifications, no authenticity guarantee is provided beyond what is specifically stated in the catalog description.



Antiquities and Designer Goods

These items are included within the SebastianCharles Authenticity Guarantee as explained above. For antiquities, the guarantee applies to the age, culture, and authenticity as specifically stated in the catalog description. For designer goods, the guarantee applies to the brand authenticity as specifically stated in the catalog description.



Exclusions and Limitations

The SebastianCharles Authenticity Guarantee does not apply to:





Subjective Condition Descriptions: While SebastianCharles strives to accurately note all conditions, it is ultimately the responsibility of the buyer to determine that condition matches their expectations. Descriptions such as "good," "fair," "excellent," etc. are subjective opinions and not covered by this guarantee.






Changes in Scholarly Opinion: The guarantee does not apply where scholarship has developed since the auction leading to a change in generally accepted opinion.






Scientific Verification: The guarantee does not apply if authenticity can only be shown by scientific processes that were not generally available or accepted for use at the time of publication of the catalog.






Restoration or Alterations: Unless specifically noted in the catalog description, the guarantee does not apply to items that have been restored, altered, or modified.






Frames, Mounts, and Cases: The guarantee does not apply to frames, mounts, or cases in which an item may be displayed, unless specifically described in the catalog as forming part of the lot.











General Terms and Conditions





Agency Relationship

Unless otherwise agreed in writing, SebastianCharles acts as agent for the seller. The contract for sale of all property is therefore made between the seller and the buyer.






As-Is Sale

All property is sold "as is" in the condition it is in at the time of the sale, with all faults and imperfections and errors of description. SebastianCharles makes no representations or warranties of any kind, express or implied, as to the merchantability, fitness for a particular purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property, except as specifically stated in the Authenticity Guarantee. No statement anywhere, whether oral or written, shall be deemed such a warranty, representation, or assumption of liability.






Inspection by Bidders

Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. SebastianCharles will provide condition reports as a courtesy to our clients, but these reports are opinions only and should not be relied upon as statements of fact.






Withdrawal of Property

SebastianCharles reserves the right to withdraw any property at any time before the actual sale, without notice or liability to any prospective purchaser.






Bidder Registration

All bidders must register their name, permanent address, and telephone number prior to the auction. SebastianCharles may require bank or other financial references and/or a deposit as a condition of allowing a person to participate in bidding.






Winners and Payment

Within 24 hours after the auction, an email will be sent to you containing your invoice and payment methods/instructions. Invoices over $3,000.00 must be paid by check, wire, or Zelle unless other arrangements have been made with the auctioneer. If you prefer to pay in cash or have a tax-exempt form, please contact the auction house before the auction closes.






Shipping and Handling

Shipping and handling are the responsibility of the buyer. SebastianCharles can recommend third-party shippers; however, we assume no responsibility for any acts or omissions by carriers or packers, whether or not they are recommended by us.







We do offer in-house shipping for certain items, including coins, jewelry, sterling silver, and small non-breakable items. All in-house shipments are fully insured and require a signature upon delivery.



If a buyer chooses to provide their own shipping label, they accept full responsibility and release SebastianCharles from all liability related to packing and transit.





Bidding on Behalf of Another

If you are bidding on behalf of another person, that person will need to complete the registration requirements before you can bid. They will also have to provide you and SebastianCharles with a signed letter authorizing you to bid for them and who is to settle the invoice in full.






Reserve

Unless otherwise indicated, all lots are subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate published in the catalog.






Auctioneer's Discretion

The auctioneer has the right at his/her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he/she may decide, to withdraw or divide any lot, to combine any two or more lots, and in the case of error or dispute, to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the item in dispute.






Successful Bids

The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute.






Title and Risk of Loss

Title to the offered lot passes to the buyer upon the fall of the auctioneer's hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other terms and conditions of the sale. The buyer assumes full risk and responsibility for the lot and shall be responsible for any loss or damage to the lot after the sale.






Export/Import Licenses

It is the buyer's sole responsibility to obtain any necessary export, import, or other licenses required for the transportation of purchased lots to another country.






Governing Law and Jurisdiction

These Terms and Conditions of Sale, as well as the buyer's and SebastianCharles' respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. By bidding at an auction, whether present in person or by agent, order bid, telephone, online or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of Minnesota.






Limitation of Liability

In no event shall SebastianCharles' liability to a purchaser exceed the purchase price actually paid for a disputed item. SebastianCharles shall not be liable for any special, consequential, incidental, or indirect damages of any kind arising out of or relating to the sale of any lot.






Indemnification

The buyer agrees to indemnify, defend, and hold harmless SebastianCharles, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) relating to or arising out of any breach by the buyer of these Terms and Conditions.

Force Majeure

SebastianCharles shall not be liable for failure to perform any obligation under these Terms and Conditions due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government restriction, strikes, labor disputes, or other force majeure events.

Severability

If any provision of these Terms and Conditions is held to be invalid, void, or unenforceable for any reason, the remaining provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.


Contact Information

Any questions regarding merchandise within our auctions can be directed to admin@sebastiancharles.com or call us at 612-280-1377.


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Sebae Data Solutions, Inc.

SERVICE TERMS AND CONDITIONS

ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap


USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.


REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


DESCRIPTIONS OF SERVICE
SebastianCharles provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.

HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.

INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.

INTERNET-ONLY AUCTIONS
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.

WEBCAST AUCTIONS
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".

Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.

When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).

The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.

Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.

Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer

Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.


BIDDING
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.

Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.



THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.


NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.


BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.


PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.


COPYRIGHT
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.


SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


DISCLAIMER OF WARRANTIES
You expressly understand and agree that:

a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.


LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.


EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.


INDEMNITY
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.


LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.


GENERAL INFORMATION
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This auction features artwork by Clyde Aspevig, Salvador Dal�, Chester Fields, and Rockwell Kent; fine jewelry and watches by Rolex, Zenith, Roberto Coin, and Toby Henderson; and exceptional sterling silver by Georg Jensen, Tiffany & Co., and The Kalo Shop.