Terms & Conditions
This Agreement sets forth the terms and conditions that govern the relationship between Sager Reeves Gallery (Sager Reeves) and you (“you” or “Buyer”) with respect to process, terms, and conditions under which you may bid, offer to purchase or otherwise participate as a potential buyer in online auctions for original artwork, prints, or artifacts (collectively “Property”) on Sager Reeves’s Website (sagerreevesgallery.com). If you wish to access or use the site to bid on or offer to purchase any items of Property through the site (the “Services”), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.
The online auctions portion of the site provides a venue and mechanism for sellers to conduct auctions for items of Property owned by them on the site; and for bidders to bid for such items of Property in such auctions.
Use of the online auction portion of the Site and the Services is limited to Buyers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not bid on or offer to purchase items of Property through the site. Every Buyer who uses the Services hereby represents and warrants to Sager Reeves that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.
Use of the Site
You may bid on or offer to purchase items of Property for sale at auction on the site during the term of this Agreement, subject to the following terms and conditions:
- You must honor all bids placed in an auction, and are obligated to complete the transaction with Sager Reeves if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You also agree to pay the Buyer’s Premium to Sager Reeves with respect to any auction item for which you are the winning bidder (See Buyer’s Premium below). You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
- You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and the applicable seller’s return policy for each auction listing.
- You understand and agree that a bid is a legal obligation to purchase the item under the terms described in the auction listing. Bids are not retractable except under circumstances deemed appropriate by Sager Reeves in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact Sager Reeves immediately after placing a bid to retract any bid made in error.
- An auction is extended when a bid is made ___ minutes before that auction ends. The auction closing is postponed for ___ minutes and may be the case one time until this period has lapsed without bidding, after which point the auction is closed.
- Post-sale offers. You understand that by submitting a post-sale offer, you make a non-revocable, binding offer to purchase the lot at the stated price plus buyer’s premium to Sager Reeves at the applicable rate. A Sager Reeves representative will manually accept or reject each post-sale offer. If the seller rejects an offer or fails to respond to an offer transmitted by the specialist on your behalf within 30 days, the offer will expire and will be deemed withdrawn. You acknowledge that, in the event Sager Reeves receives more than one after sale offer for the same lot, Sager Reeves will endeavor to transmit such offers in the order they were received but makes no guarantee that it will do so.
- The site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the site and its Services, including in regard to bidding, and purchasing items. The minimum regulatory venue is deemed to be United States of America and the State of Missouri.
- You will not allow other persons or entities to bid for items on the site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. Sager Reeves will not be held liable for any activity resulting from compromised account information.
- You will not interfere with the operation of the site or with any auction being conducted on the site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
- You will immediately notify Sager Reeves if you suspect that your information or data has been compromised.
- You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the site or the bid price of any item of Property listed on the site.
- Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.
- All Sager Reeves Auction lots designated as included in Sager Reeves Auctions’ “Upcoming” will be held at Sager Reeves Gallery unless otherwise noted.
As permitted by applicable law, Sager Reeves also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Sager Reeves systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the site, Sager Reeves’s business and systems or other purposes deemed reasonable bySager Reevest, Sager Reeves may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
Use of Content
You, the Buyer, grant to Sager Reeves and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the site (collectively, the “Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for Sager Reeves’s use of any such Materials.
When you are the winning bidder, Sager Reeves will charge you, and you will be responsible for a buyer’s premium, which is currently equal to 20% buyer’s premium on all lots with a winning bid or buy now price under 250,000 USD and a 10% buyer’s premium on all lots with a winning bid or buy now price of 250,000 USD and above.
This Buyer’s Premium will be incurred upon the completion of the applicable auction.
Sager Reeves reserves the right to change the amount of the Buyer’s Premium, at any time and in its sole discretion, in accordance with the amendment and notification provisions of this Agreement (See Amendment and Notification below).
The applicable Buyer’s Premium will be charged to your credit card on file with Sager Reeves and you hereby authorize Sager Reeves to charge such credit card upon the completion of any auction in which you are the winning bidder. Sager Reeves also reserves the right to invoice you for the Buyer’s Premium payable by you hereunder. In such event, you will pay the Buyer’s Premium owed to Sager Reeves upon receipt of any invoice therefor. Sager Reeves reserves the right to deliver any invoice to you by: (i) posting an invoice to your account section of the Site; (ii) emailing an invoice to you at the address you have provided in your account settings; or (iii) mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the Buyer’s Premium in any way.
Unless otherwise stated, the Buyer’s Premium shall be required to be paid in US Dollars. Sager Reeves reserves the right to collect on accounts due by various means including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys’ fees) in the event you fail to pay any amounts due to Sager Reeves hereunder.
In the event a seller is unable or otherwise fails to consummate the sale in which you were the winning bidder, you should contact Sager Reeves to obtain a refund with respect to any Buyer’s Premium paid by you with respect to such sale. As a winning buyer, you can request a refund of the applicable Buyer’s Premium in the event that: (i) an item was not deliverable in the condition represented, was destroyed, or became unavailable (ii) the seller failed to complete the transaction and didn’t sell you the item; or (iii) you returned the item to seller and were issued a refund by the seller. Any request for a refund of the Buyer’s Premium must be made within 60 days of the conclusion of the applicable auction. Determinations of your entitlement to any refund of the Buyer’s Premium shall be made at the discretion of Sager Reeves.
Sager Reeves will describe all items of Property offered for sale on the site truthfully and accurately. This should encompass text descriptions, images and pictures of each item of Property including, without limitation, its physical condition (otherwise known as a condition report), age, provenance, and any other relevant data. Sager Reeves will photograph all damage to Property and to clearly present such damage on the Site.
Sager Reeves reserves the right, but has no obligation, to investigate either a seller’s or a buyer’s complaint with respect to any item of Property offered for sale through the site. You agree to cooperate with any investigation that Sager Reeves may conduct in response to a claim, and to provide Sager Reeves with any documentation in your possession or control.
Limitation of Liability
THE SITE AND SERVICE IS “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. SAGER REEVES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SAGER REEVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES SOLD, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Please note that this disclaimer of warranties and limitation of liabilities applies to Sager Reeves’s service providers and to each of their respective affiliated entities. Sager Reeves does not guarantee or represent in any manner that the site or Service will operate error-free or that the site or Service will be uninterrupted.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SAGER REEVES AND SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY PROPERTY BID ON OR PURCHASED BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS.
Representations; Warranties and Additional Agreements
You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to Sager Reeves the rights set forth herein.
Amendment and Notification
Sager Reeves reserves the right to change any of the terms and conditions contained in this Agreement by posting on the site either a new agreement or any changes or amendments thereto. Any changes will be effective upon posting of the revisions on the site. You are responsible for reviewing the site and any applicable changes. Changes to this Agreement may be posted on the site without notice to you. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING SAGER REEVES’S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A BUYER.
All informal communication between the parties will be via email to the extent feasible.
Termination of Agreement
Sager Reeves reserves the right, in its sole discretion, to terminate this Agreement or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if Sager Reeves believes that your actions may cause legal liability for Sager Reeves or any site users.
Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings.
The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties and Additional Agreements; and Miscellaneous.
The laws of the State of Missouri govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN MISSOURI, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR SAGER REEVES MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN MISSOURI. IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR SAGER REEVES PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
If anyone or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.
You shall not assign this Agreement to another entity or person without the prior written consent of Sager Reeves. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.
You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement, and agree not to represent to third parties that you are an agent, partner, joint venturer or employee of Sager Reeves.
This Agreement and the general terms, conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
Sager Reeves’s failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of Sager Reeves’s right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein).