Terms & Conditions
Welcome to Ozzy’s Antiques and Collectibles!
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID.
Bidder and Auctioneer agree that the terms listed below shall govern the online auction sale.
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
REGISTRATION: All information provided by the bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. All bidders are required to provide a valid credit card upon registration. If a bidder does not show up or unless arrangements are made before the end of the pickup window the card on file will be charged the total invoice amount as well as associated fees. Ozzy’s Antiques and Collectibles, at its sole discretion, may deny registration to any person or entity. Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. If the registered bidder's username is offensive to Ozzy’s Antiques and Collectibles, or in their sole opinion detrimental to Bidding Activity, then Ozzy’s Antiques and Collectibles reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site, you must obey all local state and federal laws. Violations will result in termination of web site use privileges.
AGREEMENT TO TERMS: Access and use of any online auction site of Ozzy’s Antiques and Collectibles (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site. Ozzy’s Antiques and Collectibles reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
SUSPENSION / PERMANENT BAN: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number.
ITEM DESCRIPTIONS: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct and every effort has been made in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold with faults, imperfections, and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Ozzy’s Antiques and Collectibles acknowledges that some information may be inaccurate or incomplete. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Ozzy’s Antiques and Collectibles. Concerning any items or lots shall be construed as a warranty either express or implied.
ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. The Bidder acknowledges caveat emptor and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidders must rely solely on personal inspection and not on information listed on the Site or otherwise provided by Ozzy’s Antiques and Collectibles or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Ozzy’s Antiques and Collectibles cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. Use of this site is at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid unless a previous higher bid has already been placed. Another bidder must bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified.
GROSS BIDDING ERRORS: If you mistakenly increase your own bid, place your bidder number in the bid field, or make a gross error; you must immediately contact our office by email at lynnae@ozzysantiquesandcollectibles.com or call 330-858-7019 Communication of the error does not in itself resolve the error. Ozzy’s Antiques and Collectibles will attempt to fix the bidding error.
AUTO EXTEND FEATURE: If an auction receives a bid in the last five minutes, the ending time for that auction will automatically be extended by five minutes and can continue indefinitely. Once five minutes have passed without any bidding, the item will close to additional bidding. This feature prevents "sniping" or electronic bid rigging and allows all bidders an equal opportunity to be the high bidder if they choose.
ITEMS OFFERED: All Goods Are Offered for Auction Online Only. All items/lots/property also known as "Goods" are sold "As Is, Where Is" without any warranty or guarantee, either expressed or implied by the seller, auction company or its agents. Goods offered for sale are described and include titles and descriptions believed to be accurate, however do not rely on catalog descriptions as a substitute for provenance or title. Your bid is a contract to purchase goods offered and all sales are final. No Adjustments to Price or Refunds Will Be Given.
SHIPPING: Shipping Will be Charged at the Commercial Shipping Rate of USPS, FedEx or UPS, whichever shipment provider offers the most cost effective, efficient, and safest way to ship goods to the buyer. All shipments will be insured for $100 or in the amount of the total hammer price of item(s) won, whichever is greater. The buyer is responsible for all shipping and handling costs. The credit card on file will be charged.
MISSING ITEMS IN SHIPMENT: We document the contents of each package. Please do not discard the original shipping box and packaging if you think something is missing. Please contact Ozzy’s Antiques and Collectibles immediately if you believe an item is missing. All claims of missing items must be made within 72 hours of delivery of the item(s).
PICK UP POLICIES:
You must pick up your merchandise at the specified auction location and scheduled pick-up time. Refer to Your purchase notification for specific pick-up instructions. Any item NOT picked up by the set time will be considered abandoned unless separate accommodations have been made with the auction manager prior to the pickup start time.
Purchases will be released upon Your payment made in full of the entire invoice balance due.
You are responsible for bringing Your own boxes and/or packing materials, and/or moving equipment and/or any tools necessary to disassemble and safely remove items. Removal shall be at the expense, liability, and risk of the purchaser. No assistance from Ozzy’s Antiques and Collectibles team will be provided.
If You are sending movers or anyone else on Your behalf to pick up Your items, please ensure that they have the full payment due upon arrival or a Your paid receipt at the pickup location. Otherwise, no items will be released.
Any item NOT picked up by the set time will be considered abandoned.
If you present a hazard to yourself, the building, or others at the auction you may not be permitted to move items.
Items that are not paid for no later than 3 days after the sale will go back into our inventory. Items that have been paid for and have not been picked up in one week will go back into our inventory.
ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory, purchase price or bid amount after the item or lot has been shipped. Ozzy’s Antiques and Collectibles reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated at the end of each item or lot by soft close and through online computer automation. If a dispute arises between two or more Bidders, Ozzy's Antiques and Collectibles reserves the right to reopen bidding. Ozzy’s Antiques and Collectibles designation of the Buyer shall be final.
BUYER'S PREMIUM and SALES TAX: Unless a specific auction states otherwise, a 12% buyer's premium and sales tax will be charged on all items and lots. Every bidder pays the same buyer's premium and applicable local and state taxes based on the location of the items sold. Bidders should account for these additions when making a bid and bid accordingly. For example, if you bid $100 on an item at the auction, you will be charged $112.00 for the item on your auction invoice, and then tax will be calculated on the pre-buyer’s premium amount; we do not collect tax on buyer’s premium.
PAYMENT: Once an auction is completed you will receive an invoice within 24 -48 hours. On buy it now items you will receive an invoice within 24-48 hours. Please note that if items are being shipped to you once your payment has been submitted your items will be shipped out and notified with the tracking number. We take Cash, Debit & Credit Cards. We do not take personal or business checks. We will add a 12% buyer's premium to each invoice & a 3% additional fee for card processing when paying with a debit or credit card. Bidders with fraudulent credit card chargebacks will lose immediate bidding privileges and may be subject to collections and credit reporting.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Ozzy’s Antiques and Collectibles and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Ozzy’s Antiques and Collectibles until terminated by Ozzy’s Antiques and Collectibles. Ozzy’s Antiques and Collectibles may terminate this agreement at any time, without notice, at Ozzy’s Antiques and Collectibles sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Ozzy’s Antiques and Collectibles reserves the right to terminate Bidder registration and use of the auction Site and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE: Ozzy’s Antiques and Collectibles cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. The bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Ozzy’s Antiques and Collectibles, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Ozzy’s Antiques and Collectibles is final.
PRIVACY: Ozzy’s Antiques and Collectibles gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Ozzy’s Antiques and Collectibles does not sell or rent this information. Ozzy’s Antiques and Collectibles uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to Ozzy’s Antiques and Collectibles to have your name promptly removed from our list. BID IS A LEGAL CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject all bids, in their sole discretion.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Ozzy’s Antiques and Collectibles. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability, or burden is undertaken, assumed, or otherwise imposed by maintaining the Site.
