These Conditions of Sale set out the terms upon which American Heritage Antiques LLC DBA Fleischer's Auctions (henceforth "Fleischer's Auctions,""we," "us," or "our") sells property by lot in this catalog. You agree to be bound by these terms by registering to bid and/or by bidding in our auction by any and all platforms and methods.
Fleischer's Auctions is licensed and bonded in favor of the state of Ohio.
Fleischer's Auctions does not accept liability for personal information kept by our online third-party platform partners. Fleischer's Auctions does not accept liability for agreements made (regarding automatic payment, etc.) by bidders with our online third-party platform partners.
REGISTERING TO BID
To register to bid, we require you to provide us with your home address and contact information. We reserve the right to reject any bid or any registration for any reason. When you register to bid, you may be asked to provide us with a valid credit card number. You authorize us to verify the validity of the credit card by placing a temporary authorization hold on the card that will remain until it falls off, usually within 2 to 7 business days. We may require bank or other financial/personal references to approve your registration.
All lots are sold "as is" in the condition they are in at the time of the auction, we make no representation or warranty and assume no liability of any kind as to a lot's condition. Any reference to condition in a catalog description, advertising material, written/oral communication, or a condition report is our opinion and is not necessarily a full account of condition. Catalog photos may depict items differently than they appear in-hand.
We offer in-person pre-auction viewings of items by appointment after any catalog has been made available online on FleischersAuctions.com or elsewhere. We strongly encourage all interested bidders or their representatives to make an appointment so that they can conduct an inspection of condition in-person before bidding.
Our catalog descriptions and oral/written statements made outside the catalog, including advertising material, regarding items included in the catalog with respect to their history, condition, author, artist, age, materials, dimensions, weight, exhibition or publication history, or provenance--are our opinion and should not necessarily be relied upon as fact.
We may, in our sole discretion, withdraw a lot from auction at any time prior to or during the sale and shall have no liability to you for our decision to withdraw.
We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.
If a prospective buyer makes arrangements with us prior to the commencement of a sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
The auctioneer will accept bids from online bidders that use the online bidding platform bid.fleischersauctions.com and third-party bidding platforms. Third-party bidding platforms include, but are not limited to, liveauctioneers.com and invaluable.com.
Both our in-house bidding platform bid.fleischersauctions.com and third-party bidding platforms execute bids competitively online on behalf of bidders, both absentee before the sale and during the sale itself. Bidding generally starts below the low estimate and increases in increments. The auctioneer will decide at his/her sole discretion where the bidding should start and what the bid increments should be. Online bidding software only allows online bidders to bid at fixed increments determined by the auctioneer. Bid increments may vary from auction to auction.
ONLINE ABSENTEE BIDS
Before an auction begins, online bidders can place absentee bids through bid.fleischersauctions.com and third-party bidding platforms. In the event of a tie absentee bid between bidders using different bidding platforms when a lot opens, it is the sole discretion of the auctioneer which online bidder he/she recognizes as the high bidder. If you notice after a sale that your online absentee bid is the same amount that an item sold for, and you are not recognized as having won the item, your bid was likely tied for the high amount but the other bid was recognized first by the auctioneer. The best way to avoid this occurrence is by bidding live, either online or over the phone.
BIDDING ON BEHALF OF THE SELLER
The auctioneer may, at his/her sole discretion, bid on behalf of the seller up to one bidding increment before the reserve by making either consecutive or responsive bids. The auctioneer will not identify these as bids made on behalf of the seller.
Sellers may, at their discretion, bid on items at auction they have consigned for sale included in Fleischer's Auctions' catalogs.
AUCTION IS SOLE DETERMINER
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. This auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf and is permitted to do this by providing this disclosure to you the bidder.
The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, Fleischer's Auctions sale record shall be conclusive. Fleischer's Auctions is not liable for erroneous communication received from a third-party bidding platform regarding the status of your bid.
All bidders are given 72 hours after an invoice has been sent to make or arrange payment. If payment is not made or arranged within 72 hours of an invoice being sent, Fleischer's Auctions reserves the right to cancel the sale. Successful bidders who do not plan on paying online and would like to send a check by mail, make a wire transfer, pay in-person, or pay by other means, are required to notify Fleischer's Auctions of how they will be paying within 72 hours of their invoice being sent. If payment online is not made and notification is not given to Fleischer's Auctions within 72 hours of an invoice being sent, Fleischer's Auctions reserves the right to cancel the sale.
Fleischer's Auctions packages and ships most items in-house. Consideration is made to ensure the lowest rate charged possible while still meeting our package safety standards. Large items and large framed pieces may not be able to be packaged and shipped in-house, these items will be marked in the catalog as being packaged and shipped by a third-party service. Bidders that are successful in winning items marked as being packaged and shipped by a third-party service are responsible for paying the third-party directly. We are happy to offer complimentary drop-off service to local third-party packing/shipping companies in Columbus, Ohio. Once an item is dropped off and no longer in our possession, Fleischer's Auctions is not to be held liable for the item's safe handling or shipment to the successful bidder.
SUCCESSFUL ONLINE BIDDER SHIPMENT ADDRESS
Successful bidders online are solely responsible for ensuring their shipment address is correct and up-to-date on their account profile. Account profiles are created by bidders online on bid.fleischersauctions.com and third-party bidding platforms- they contain a bidder's personal information, including their shipment address. If a successful bidder does not contact us before their item(s) is shipped to notify us of their correct shipment address, and their account profile is associated with an old or incorrect shipment address, Fleischer's Auctions is not to be held liable for lost or damaged items sent to the incorrect address associated with the successful bidder's account profile. Bidders are encouraged to check their online account profile on bid.fleischersauctions.com and third-party bidding platforms to ensure their shipment address is correct before bidding.
SHIPPING PROTOCOL AND INSURANCE
All packages valued at over $250 are shipped with a signature required upon delivery. All packages handled and shipped in-house by Fleischer's Auctions are not insured unless insurance is requested. Successful bidders who would like their packages insured are responsible for notifying us that this is the case and are responsible for paying the cost of insurance.
All shipping is done in-house. Consideration is made to ensure the lowest rate possible while still meeting our packaging safety standards.
Flat 25% buyer's premium on all lots. This charge includes a processing a fee.