Buyers participating in The Buddha Gallery’s auction acknowledge and accept the following “Conditions of Sale.” In the “Conditions of Sale,” the terms “you,” “your,” “buyer,” “bidder,” “customer,” “purchaser,” or similar terms mean a person bidding on or buying property. “We,” “us,” “vendor,” “auctioneer,” “auction house,” or similar terms are synonymous with The Buddha Gallery. By registering to bid or by placing a bid through any means, you agree to be bound by the following terms and conditions:
Registration: You will be able to browse our auction website without registering. In order to place bids, you must register for an account here. Once your account is registered, you will need to register for each auction in in which you wish to participate. By registering and/or bidding, you agree to be bound by all terms and conditions for this and all future The Buddha Gallery auctions.
Bidding: All bids must be placed online via the website or the Android or Apple application. In the event that a lot receives a bid within ten minutes of its scheduled closing time, the closing time on only that lot will be extended by two minutes. This process will repeat until the extended lot closes. This assures that no lot can be "sniped," as they can be on eBay, and negates any advantage a last-second bidder may have. The process of entering bids and determining high bidder, first bidder, and winner is all done electronically by the auction program, and at no time is anyone from The Buddha Gallery involved manually. This provides a level playing field that takes out human bias and human error. However, we do reserve the right to cancel or reject any bid at any time for any reason. If you have been outbid, you will be sent an email notice. Please note that toward the end of the auction, you may receive this email after the lot closes. Under no circumstances will a bid be accepted once a lot closes. By registering and bidding in this auction, you are entering into a legal contract and agree to all the terms and conditions contained herein. A winning bid is a commitment and a legal contract. "Bids" are placed directly by you, after the auction has begun. You may continue to place bids during the auction.
Bid Increments: We use a standard bid increment table as follows:
Note that the bid you enter is your maximum bid; the “current bid” will only increase to the minimum winning bid—i.e., one bid increment higher than the previous bidder’s maximum bid. For example, if Customer A has entered a maximum bid of $300 on a particular item, and Customer B enters a bid of $400 on that same item, the current bidding price will only increase to $325, and Customer B will win unless someone else outbids them.
Buyer’s Premium: A 10 percent buyer’s premium will be added to the final winning bid for each auction lot. This will allow us to cover auction-related administrative expenses. Note that the vast majority of auctions, both brick-and-mortar and online, typically charge 15% to 27% premium.
Estimates: We offer estimated prices on each lot. These estimates are only a guide and an opinion of each item’s value. While we strive to give an accurate valuation, we realize that there may be substantial differences of opinion, both higher and lower, for any lot in the sale.
Sales Tax: Sales tax in the amount of 8.875 percent of the winning bid will be added to the total purchase price of each lot delivered in the state of California.
Notification and Payment: The highest bidder shall be the purchaser. All winning bidders will be sent an invoice via email once all lots are closed. While we prefer payment via PayPal, buyers also have the option of paying via bank wire or check. All U.S. payments above $5,000 and all international payments above $2,000 must be submitted via bank wire. Payment is due within 7 days following the close of the auction. If you fail to pay for your lots within the allotted time, we reserve the right to void your bids and sell the lots as we see fit—whether sold to the second-highest bidder, resold at a future auction, sold via private contract, or some other solution we determine to be appropriate at that time. Any loss or expense on the part of the auctioneer as a result of failure of payment by a customer shall be compensated by said defaulting customer. Please note that placing a bid in our auction is a legally binding contract. All lots purchased by any one person will be deemed and taken as being in one contract. Any winning bidder who fails to pay for lots won will be barred from participating in any future sales.
Shipping: We do not ship in-house. After the auction closes, all winning bidders will receive a shipping release form and a list of trusted local shippers with whom to arrange shipping. Winning bidders are free to arrange shipping with whomever they choose. Winning bidders must submit a completed shipping release form to email@example.com before we can release their item to their shipper of choice. Final arrangements for shipping, and all costs associated with shipping, are the responsibility of the buyer. Any agreement for shipping is a contract between the buyer and the shipper; The Buddha Gallery is not party to any such contract and expressly disclaims any responsibility thereunder. No items will be released for shipping until The Buddha Gallery receives payment in full and all payments have cleared.
Return Policy: Items purchased at auction are nonrefundable, and we do not offer any warranty. This is true of ALL auction houses, as it is impossible to run truly competitive auctions which allow returns. If you want to buy items with returns as an option, please return to the main website. There you will find approximately 2,000 items for sale, all of which offer a 2 week return policy—no questions asked.
Conduct of the Auction: The auctioneer has the right, in his/her sole discretion, to determine the conduct of the sale, including, without limitation, to advance the bidding, to reject any bid offered, to withdraw any lot, to consolidate or reorder any lots, and to resolve any dispute in connection with the auction or sale. In any such case, the judgment of the auctioneer is final and shall be binding upon all auction participants. If the server crashes during an auction, the auctioneer has the right, in his/her sole discretion, to proceed with, or reschedule, the auction.
Release: By participating in this sale and placing a bid, participant expressly releases and holds harmless The Buddha Gallery, its officers, directors and employees from any and all claims, losses or damages that could arise from participation in this sale. This includes, but is not limited to, computer failures, power outages, internet-related issues, listing errors, or any other reasons or errors that could arise. Each lot will—immediately on the fall of the hammer—be, and remain in every respect, at the risk of the purchaser. Each lot is sold with all faults and defects and errors of description. Though we strive to present each lot as accurately and completely as possible, we are not responsible for any faults or defects in any lot or the accuracy of any statement as to the provenance, condition, or origin of any lot. All statements in the catalogues, advertisements, or brochures of forthcoming sales as to any such matter are statements of opinion and are not to be relied upon as statements of representation of fact. The intending purchasers must satisfy themselves by inspection or otherwise as to all such matters as to the physical description of any lot and as to whether any lot has been repaired. It is the purchasers’ obligation to certify the authenticity and condition of any item in the sale. In keeping with our reputation for the best in customer service, The Buddha Gallery will make every effort to correct any problems or errors to the best of their ability.
Governing Law: This Agreement shall be governed and construed in accordance with the laws of the State of California and, by registering for and bidding in the auction (whether personally, by telephone, or by agent), the buyer agrees that the sole and exclusive venue for any litigation relating to or arising out of this Agreement or the auction shall be in the State Courts located in Mendocino County, California.
Attorneys’ Fees: In any action directly or indirectly arising from or in connection with this Agreement and/or the Auction, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and taxable costs from the non-prevailing party. These enforcement rights shall be cumulative with, and not successive or exclusive of, any other legal remedies which may be available to the Parties to this Agreement
Questions: Please email Steve@thebuddhagallery.com with any specific questions, concerns, or comments.