Terms and Conditions for Art Auction on Live Auctioneers

First Regarding Highwaymen paintings:

1. Introduction
Welcome to The Florida Highwaymen Auction hosted on Live Auctioneers. These Terms and Conditions govern your use of our auction platform and participation in our auctions. By registering for an account and/or participating in an auction, you agree to comply with these Terms and Conditions.

2. Florida Highwaymen Auctions LLC specializes in Florida Highwaymen and other Florida landscape artwork, all artwork is in fair condition unless otherwise stated, condition is consistent with age, wear, and use.

We all know these paintings are usually put together with somewhat inexpensive materials, please inspect the painting thoroughly as there are no returns, the only time we would accept the return is if a trusted expert deems the painting to be an absolute fake, otherwise you're expected to understand the condition of the painting that you're bidding on.

We are not responsible for any damage or loss that occurs during shipping. Buyers are encouraged to purchase shipping insurance. If there is a dispute regarding the authenticity of a painting, please contact us within 7 days of receiving the item.

The buyers premium will be 18%(15% if paying by cash/check/zelle) for Text and Live Bidders, and it will be 23%(20% if paying by check, cash, or Zelle) for Live Auctioneers bidders. Sales tax is 7% unless you have a tax resale certificate. Credit card merchant fees are 3% if paying by credit card.

Auctioneer: Alexander Barraco - License Number AU5482

Auction Business: Florida Highwaymen Auctions LLC - License Number AB4142

Florida Highwaymen Auctions LLC
8216 Griffin rd, Davie FL 33328
akaschicwreckagegallery@gmail.com
954-605-0748

3. Registration and Account
Eligibility:

You must be at least 18 years old to create an account and participate in auctions.
By registering, you confirm that all information provided is accurate and up-to-date.
Account Security:

You are responsible for maintaining the confidentiality of your account information and password.
You agree to notify us immediately of any unauthorized use of your account.
4. Auction Process
Auction Listing:

Each Item listed for auction will include a description.
All information provided in the listing is to the best of our knowledge accurate, but we do not guarantee its completeness or accuracy.
Bidding:

By placing a bid, you agree to purchase the Item if you are the highest bidder at the auction's close.
Bids cannot be retracted once placed.
We reserve the right to reject any bid at our discretion.
Winning Bids:

The highest bid at the end of the auction period will be deemed the winning bid.
The winning bidder will be notified via email and is required to complete the purchase within 72 hours.

5. Payment and Fees
Payment:

Payment for winning bids must be made using the payment methods specified on our platform.
All payments must be completed within 72 hours of auction close.
Fees:

Buyers may be subject to additional fees, such as shipping and handling charges, which will be clearly stated in the auction listing.

A buyers premium, calculated as a percentage of the final bid price, will be added to the total purchase price. This premium will be clearly stated in the auction listing.

6. Delivery and Shipping
Delivery:

We will arrange for the shipment of purchased paintings to the address provided by the buyer.
Shipping costs and delivery times may vary based on the destination and shipping method selected.
Damage or Loss:

We are not responsible for any damage or loss that occurs during shipping. Buyers are encouraged to purchase shipping insurance.
7. Returns and Refunds
No Returns:

All sales are final. We do not accept returns or offer refunds unless the painting received is significantly different from its description.
Disputes:

If there is a dispute regarding the condition or authenticity of a painting, please contact us within 7 days of receiving the item.
8. User Conduct
Prohibited Activities:

You agree not to engage in any activity that interferes with or disrupts the auction process or our platform.
Prohibited activities include, but are not limited to, fraudulent bidding, spamming, and hacking.
Compliance:

You agree to comply with all applicable laws and regulations while using our platform.
9. Intellectual Property
Ownership:

All content on our platform, including images, descriptions, and trademarks, is the property of Florida Highwaymen Auctions or its licensors.
Limited License:

You are granted a limited, non-exclusive, non-transferable license to use our platform for its intended purpose.
9. Limitation of Liability
Disclaimer:

Our platform and services are provided "as is" without warranties of any kind, either express or implied.
Liability Limitation:

In no event shall Florida Highwaymen Auctions, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our platform or participation in auctions.

The auction house has the right to withdraw any lot.

11. Governing Law and Dispute Resolution
Governing Law:

These Terms and Conditions are governed by and construed in accordance with the laws of Florida.
Dispute Resolution:

Any disputes arising from or relating to these Terms and Conditions or your use of our platform shall be resolved through binding arbitration in Florida, except for disputes related to intellectual property or those that may be addressed in small claims court.
12. Changes to Terms and Conditions
Modifications:

We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our platform.
Notification:

We will notify you of significant changes by email or through our platform.

13. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:

Florida Highwaymen Auctions LLC
8216 Griffin rd, Davie FL 33328
akaschicwreckagegallery@gmail.com
954-605-0748


14. LOTS:
Each auction item is described to the best of our ability, though the descriptions are not meant to be expert appraisals or comprehensive scholarly assessments. Any noted condition reflects the opinion of the auction house. It is the bidder?s duty to assess and judge the condition of each lot independently. Unless specifically stated otherwise, single-item lots are guaranteed to be authentic. If such an item is later determined to be inauthentic by either a panel of three qualified experts or the auctioneer, the buyer will be entitled to a full refund of the purchase amount and any buyer?s premium paid; this refund constitutes the full extent of the auction company?s liability. All returns must be pre-approved and made within ten (10) days of receiving the item. Items such as gemstones and coins are examined and tested for authenticity and are likewise guaranteed to be genuine. This guarantee is void if the item has been tampered with, modified, enhanced, damaged, or removed from its original setting. Lots containing more than one item are offered as "dealer" or bulk lots, sold strictly "as is, where is," with no warranties or guarantees of any kind. Bidders are solely responsible for assessing both authenticity and condition. Submitting a bid confirms the bidder?s acceptance of all terms and conditions. The auction house reserves the right to withdraw any lot at its discretion.

15. ABSENTEE BIDDING:
Absentee bidding is available for individuals who cannot participate in the live auction. Such bids may be submitted through email, our website, mail, fax, or online bidding platforms. By placing an absentee bid, the bidder agrees to abide by all stated terms and conditions.

16. TELEPHONE BIDDERS:
Telephone bidding must be arranged at least 8 hours before the auction. Requests may be submitted via text or phone.

5. BIDDING:
The highest bid recognized by the auctioneer will be considered the winning bid. Once the auctioneer announces a lot as ?sold,? the sale is final, and the bidder is legally obligated to complete the purchase. All sales are final and binding.

9. RESERVE:
Most lots are offered without a minimum price. If a lot does have a reserve, this will be stated before bidding begins. When applicable, the auctioneer may bid on behalf of the seller to meet the reserve. These bids do not count as opening bids. If no initial bid is made, the item will be passed. Once bidding starts, the auctioneer may continue bidding on the consignors behalf until the reserve is met.

11. AUCTIONEER:
The auctioneer has full authority to control the progression of bidding and to determine the starting bid or minimum increments. They may also decline to accept low or insincere bids intended to undervalue a lot. Once a lot is passed and not sold, it will not be re-offered until a future auction. Unreserved lots are sold at the discretion of the auctioneer. The auctioneer may reject any bid and is permitted to place absentee bids for clients or consignors, though they are not responsible for any mistakes or omissions in executing such instructions. Acting solely as an agent, the auctioneer holds no liability for defaults by either the buyer or seller. The auctioneer reserves the right to cancel or nullify the sale of any lot.

Notwithstanding this report or any discussion concerning condition of a lot, all lots are offered and sold "as is" in accordance with our conditions of sale.