Toy Auction

Conditions of Sale

This is a public sale conducted by a licensed and bonded auctioneer.

All property is sold as is and neither Pook & Pook, Inc. nor the consignor makes any guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise, except where applicable under the Terms of Guarantee (applies ONLY to Period Furniture, Fine Art and Accessories Auctions, NOT Decorative Arts Sales). No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation.

All prospective bidders should inspect the property they wish to purchase prior to bidding. If a bidder is unable to view an item in person, they are responsible for obtaining a condition report and/or additional photographs prior to bidding to determine an article's condition, size, and degree of restoration. We endeavor to be fair and forthright with our descriptions and condition reports, however bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in a condition report.  If you are a very particular client with expectations of perfection for the items you purchase, it is advisable that you inspect items in person or that you do not submit absentee bids as your definition of condition may be more exacting that an appraiser could have time to verify. Pook & Pook, Inc. reserves the right to reject any condition report/additional photograph requests in which, in our opinion, the value of the object is not commensurate with the time necessary to complete the request. Please also note that the warranties given by Pook & Pook, Inc.(applies to Period Furniture, Fine Art and Accessories Sales only), do not extend to the condition reports. Lots, especially those containing semi-precious and precious stones, cannot be returned once they have been removed from the gallery.  Weights and measurements are approximate.  Pook & Pook, Inc does not guarantee clocks, watches, mechanical banks, scientific instruments, electric lamps, and other mechanical or electric items to be in working condition.  Display materials shown in photographs are not included with lot unless stated in the description. Box lots (i.e. books) are only guaranteed to have those items listed in the description and no condition reports or additional photographs will be provided.

Some lots offered may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Pook & Pook, Inc. below which the lot will not be sold. A representative of Pook & Pook, Inc. will execute such reserves by bidding for the consignor. Reserves are set at or below the estimated range. Under no circumstances will reserve amounts be disclosed to prospective bidders.

The auctioneer reserves the right to reject any bid, which, in his opinion, is not commensurate with the value of the article being offered. At their discretion, the auctioneer may also reject any bid that he may determine as having a detrimental effect on the item in question or the sale as a whole.

We reserve the right to withdraw any property before sale.

Unless otherwise announced by the auctioneer all bids are per lot as numbered in the catalogue.

The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive.

Bidding

Internet bidding (both live and absentee), Left bid and Phone bid services are available. These bids are executed by a designated Pook & Pook, Inc. employee and/or via Live Auctioneers with information provided to us via computer. This is a convenience to clients who are not present at auctions and we are not responsible for any errors or omissions in connection therewith - especially when the Live Auctioneers service is used, as our firm does not control the transmission speed used by or have previous knowledge of bids left by registered Live Auctioneers users. Pook & Pook takes bids based on lot number, not description, so please be sure to check that both are correct. A credit card (MC or Visa) must accompany all bids and in some cases a deposit on that credit card will be required. Both left bids and phone bids must be submitted by the close of business the day prior to the start of the sale and Pook & Pook, Inc. reserves the right to reject all bids received after the announced deadline. There may be some auctions where left bidding and/or phone bidding will not be available. Further information with regard to left and phone bids can be found opposite to the bid sheet at the back of the catalogue or on our website under "How to Buy". Title of each lot passes when the auctioneer says "SOLD". Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. Employees or agents of Pook & Pook, Inc. shall not pack or transport the merchandise.  If the buyer requests assistance from an employee or agent of Pook & Pook, Inc. with packaging or transport it is fully at the risk, responsibility and expense of the purchaser, and Pook & Pook, Inc. shall not be liable for any loss or damage that may be caused by such employee or agent. Pook and Pook, Inc. is not responsible for any damage to property left on the premises, or removed and stored in a storage facility. Pook & Pook, Inc. is not responsible for the acts or omissions of third parties whom the buyer retains for shipping purposes, or any damage that occurs after items are removed from Pook & Pook, Inc.'s auction house.

Buyer's Premium and Sale's Tax

A buyer's premium for each individual lot is 20% (23% on Live Auctioneers) of the successful bid price up to and including $1,000,000, and 13% on any amount in excess of $1,000,000. This amount will be added to the successful bid price of each lot you buy and is payable by you together with the applicable sales or use tax which is applied to the total cost of your purchase. Online bidders pay an additional 3% buyer’s premium for the use of the online bidding services.

Buyers will be required to pay the State of Pennsylvania Sales Tax of 6% at the time of payment unless: A)Items are shipped out of the State of Pennsylvania by a shipping company or B)The buyer provides Pook & Pook, Inc. with a valid Tax Exemption Number and fills out an Exemption Certificate (available at Pook & Pook, Inc.'s offices).

Payment

Payment can be made with cash, money order, cashier's check, bank wire, or personal/business check. For new clients, purchases paid for with personal/business check or international bank check/money order are not released until payment has cleared, 10 days post-deposit. We accept most major credit cards; however, there is a 3% surcharge to use your credit card for payment. Pook & Pook, Inc. does not accept debit cards, PayPal, BidPay or Western Union wires at this time.

Payment is due no later than 10 days post sale. If payment is not received within 15 days of the day of sale, the credit card of record will be charged the invoice total plus a 3% surcharge. If no credit card is available or if payment has not been received within 28 days, Pook & Pook will pursue alternate collection avenues starting 30 days from the day of sale in order to collect the balance due plus any storage, administrative and/or court fees. Contact: billing@pookandpook.com with any questions.

Pook & Pook, Inc. pays consignors 30 days after the day of sale. If a buyer fails to make payment within 30 days of the day of sale, Pook & Pook, shall be entitled to do any or all of the following:

A) After 15 Days - Charge the credit card number provided to Pook & Pook, Inc. by the buyer for the total due plus any applicable fees (storage, interest, etc.) plus a 3% surcharge. If a 25% deposit was submitted prior to bidding, this amount will not be refunded, but be kept and applied towards any owed amounts.

B) After 30 Days - File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, and any other applicable financial hardship caused to Pook & Pook, Inc., and/or the consignor or pursue other collection avenues to recover any and all losses.

C) Charge interest at a rate of 1% per month throughout the entire time frame of non-payment.

D) After 45 Days - Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to, total balance remaining, court fees, interest, storage fees, administrative costs (including those related to re-selling the item(s)) and any other related fees.

E) Reject further bidding or consignments by the buyer at any and all future auctions (Unpaid Item Disputes will be filed for all non-paying Live Auctioneers bidders).

Shipping

Pook & Pook, Inc. does not provide in-house shipping, but will assist bidders in arranging for the shipment of their items. We reserve the right to hold merchandise purchased until payment has cleared the bank (10 days for personal checks, business checks and overseas money orders/cashier's checks), if we deem such action necessary to protect our interest.  Items paid for via bank wire transfer, cashier's check, or money order will be released immediately. Items purchased for a third party must be paid for by the purchaser of record, regardless of whether the purchaser of record has received funds from the third party. A $25.00 fee will be charged for returned checks. 

All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. All bidders must email(shipping@pookandpook.com), call (610-269-4040) or fax (610-269-9274) notification back to Pook & Pook regarding their chosen shipper. Pick-up times are Monday through Friday between 9AM and 4:30PM . Pook & Pook, Inc. will bring purchases to successful buyers, and/or their shippers, but buyers, and/or their shippers, must pack/wrap and load their items. The purchaser must pay the shipper in advance for all packaging expenses, including labor, materials, postage, and, if applicable, insurance fees. If the property purchased is subject to laws governing export from U.S. or laws restricting imports into foreign countries, the granting of licensing for export and/or import of such goods is the responsibility of the buyer.  Any items left at the gallery for more than two weeks following the sale will incur storage fees at a rate of $5.00 per lot per day (this rate applies to all items regardless of size or value). Items still remaining 45 days after the auction date will be consigned to a future auction without additional notice to the purchaser.  Contact: shipping@pookandpook.com

Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at Pook & Pook, purchasers consent to the exclusive jurisdiction of the courts in the State of Pennsylvania.

Bidding on any item indicates your acceptance of these terms and all other terms announced/published at the time of sale.