Fine and Decorative Lottery Style Auction

An auction is a recognized legal contract between buyer and seller.  The bidder, by his bid, extends a legally binding offer to buy the item offered.  The auction, as the seller, enters into a contract to sell IF the buyer's bid is acceptable.  All normal provisions of contract law apply to enforce these arrangements.  Please read the descriptions of each auction lot carefully as well as the Terms and Conditions detailed below before bidding.  Know what you are bidding on!

1. GUARANTEE OF AUTHENTICITY: This is not a "buyers beware" auction. All works are guaranteed authentic as follows:

a. Author: Each work offered and sold is guaranteed to be that of the author identified in the BOLD TYPE introduction at the beginning of each lot number description. Authorship means creator of the artwork or originator of the art or concept portrayed and may refer to a period, culture or other source or origin. "Attributed" authorship means that in the best judgment of the auction house the work is by the artist named, but authorship is not known for certain. Thus attributed works are specifically exempted from the guarantee of authorship. "After" means that the work was created by another hand "after" another work by the author identified in the BOLD TYPE introduction and is covered by the guarantee.

b. Signature: Each individually written signature is guaranteed to be the authentic hand written signature of the person whose name appears in the signature, i.e. not a counterfeit or forgery, unless specifically exempted or qualified.

c. Descriptions: Other descriptive material is presented for information only and while prepared with the intention to be as complete and accurate as possible is explicitly not covered by the guarantee.

d. Ancient Artifacts and Other Specialized Material:  We may be unable to date or attribute with great certainty some lots and thus not able to offer strict warranties beyond what is stated in the description.  Limits to our warranty for such lots will be stated in the lot description.

Notification concerning a breach of warranty must be made within 30 days of auction and returned within 14 days of notification. In case of dispute, the auction may request collaborating statement of fact concerning the breach of guarantee from a knowledgeable art professional. Works returned must be in the same condition as sold and should be shipped with appropriate insurance. All communications should refer to the registration code number which is at the end of each description in the auction catalogue.

Special note regarding warranty provision: warranty may not apply in cases where items purchased from us and subsequently offered for sale on Ebay or similar sites and where said item is removed by Ebay from their listings for copyright violations as this is a automatic default response by Ebay, without recourse, whether a valid claim or not,  to anyone owning a proper copyright who alleges copyright violations.  A violation of copyright does not ipso facto mean that the work is counterfeit or illegitimate.   

2.  REFERENCE: The term "reference" used in conjunction with lot descriptions refers to standard texts which list and describe and often illustrate the known works of an artist and usually define whether the works are original or reproductive. Unfortunately not all artists are so catalogued, and others incompletely so. In addition, such reference works do not list works which have been produced since the catalogue was written.

3.  FRAMING AND CONDITION: Works sold are sold as is where is. Works before 1900 are in good condition for their age and any important damage is described. Such works should be carefully inspected before bidding. Most works can be inspected through the Internet images in fairly minute detail using our "extra-large" blowup images when available (see lot photos). If you need further condition information contact us directly by e-mail or phone. If the lot description does not mention condition, then the condition of the work is very fine. "Conservation Framed", when found in a lot description, means that the work is framed with accepted conservation standards including acid free mounts and removable hinges. Auction staff can advise on the framing technique for a particular work as well as any other condition reports requested, time permitting. Many works were photographed with transparent plastic corners which appear as gray triangles in internet photos. These are not defects. You may assume what you see under the gray/transparent corners is the condition of the actual work.

4.  ESTIMATES: Retail estimates for each work are based on published price lists, actual sales, or best estimates when other information is available. Auction estimates refer to a fair auction price. All estimates, however, represent auction staff opinions. While many works will be sold under estimates, many also will be sold over the estimates. Bidders should keep in mind that through the internet bidding process, you will purchase at the lowest possible price dependent on the interest of other bidders (see section 6 below).

5.  BIDDING AND RESERVES: Bidding will be in reasonable increments as befits the price of the work offered. The auctioneer reserves the right to reject any or all bids and is the final judge in case of dispute. Works may be offered subject to a reserve, a price below which no bids will be accepted. In no case will the reserve be above the low auction estimate, except in "blowout auction" sales(estimates 100-100,000) where the reserve, if in effect, will be no higher than the high estimate.. See How Bidding Works for more complete details on the bidding process during or before a live auction.

6.  INTERNET AND OTHER ABSENTEE BIDS : Bidding may be by internet live bidding systems as well as live bidding at www.rareart.com. Bids may also be offered by those unable to attend the auction in person through the advance bidding forms found with each lot description in the internet catalog and at various intenet portals where the catalog is advertised. Such bids will be executed just as if you were bidding in person. Your bid will be used as an upside limit with the auction bidding on your behalf until the other bidders quit bidding or your limit is reached, whichever comes first. In no case will you be charged more than your bid limit (plus the 25% buyer's premium). You will be notified promptly if your bid is successful.  See How Bidding Works for more complete details on the bidding process during or before a live auction.

Telephone Bidding: You may bid live on the telephone by making a reservation. This option is subject to availability of personnel and open lines. Contact us if you wish to arrange telephone bidding.

7. BUYER'S PREMIUM: Please Note: Buyer's bidding through Creighton-Davis website will be charged a 25% buyer's premium.  Bids executed through live bidding portals such as Invaluable, Liveauctioneers or other sites will charge a buyer's premium as posted in their catalogs and this buyer's premium may be higher than the 25% buyer's premium charged directly at Crieighton-Davis Gallery bidding platforms or catalogs.

8.  PAYMENT: Payment is expected promptly after notification of a successful bid. Payment may be by check, cash, or credit cards after approval(Visa, Mastercard, Discover). The maximum credit card charge per invoice is $500. Invoices in excess of $500 must be paid by check or other bank instrument. 
In order to process credit card payments, the following information will be needed: 
- card number, 
- expiration date, 
- verification code (3 digits on the back of the card), 
- billing street address and zip code. 
All works must be paid for before removal or delivery. Approval may be required before a large check or charge can be accepted as payment. All buyers will be charged State of Virginia sales tax unless exempt.

9. SHIPPING: Shipping is the responsibility of the buyer. Shipping is not necessarily expensive unless there is damage. Creighton-Davis will help to arrange shipping, but individuals are free to use their own shippers. We recommend; Craters and Freighters for large items and goods easily damaged. Smaller parcels may be shipped through the Mailbox etc. UPS system.  If you use alternative shipping, we can't be responsible for any resulting damage. Note: there is a minimum shipping charge of $25 to cover materials, handling and basic shipping fees if Creighton-Davis arranges shipping.

10. Note: Works may be withdrawn from the original listings at any time and for any reason, and if not delivered to the buyer after payment, may be exempt from the contract terms of the auction.

11. Auction reserves the right to refuse bids or registrations from any individual or other interest for any reason.

Creighton-Davis Gallery
1440 Grand Ave. Unit A
San Marcos, Ca. 92078
760-432-8995
info@rareart.com