The following terms and conditions (the "Terms and Conditions") govern your use of this site, auction software, software applications and features of auctions by Kenneth W. Dorney via the AgoraAuctions.com. Your use of certain areas or features of the website and software may be subject to additional or separate terms and conditions. By using this site you agree to the policies and terms and conditions below.
You are responsible for keeping your account information and password confidential and you are responsible for the use of your account including unauthorized use. If you believe that your account has been misused or compromised please notify us immediately. Please use a difficult to guess password and we recommend that you change it frequently and that you do not use the same password on multiple websites.
This Agreement shall be governed and construed in accordance with the substantive laws of the State of California including all matters of construction, validity, performance and enforcement, without giving effect to the principles of conflict of laws.
Privacy
In the course of your use of this site, software or interacting with Kenneth W. Dorney you may be asked to provide certain personal information (hereinafter referred to as "User Information"). You acknowledge and agree that you are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date, including change of address, email address or other required information.
Acceptable Use
You agree to comply with all applicable city, state, federal and international laws and regulations, including export control regulations. If you do not agree to these terms, you may not access or otherwise use this site.
Electronic Auction Terms
Kenneth W. Dorney via the AgoraAuctions.com platform provides internet electronic sales with an automated electronic close. Bidding in our auctions constitutes your acceptance of the following terms:
1. The items listed for sale on this auction site are for AgoraAuctions.com itself, as an agent for a third party (consignor) or as a facilitator of the sales mechanism (software/service). We reserve the right to reject any bid, to determine the opening price, to set the bidding increments, to withdraw any lot before it has been shipped, to bid on our own behalf or on behalf of our consignors.
2. The auction closing date and time will be stated on the page "Current Auction". This is the time in which the auction will start to close and each lot ends in 30 second increments in the order in which they are listed (starting with the first lot through the last). We reserve the right to extend bidding or end bidding early. The digital countdown clock in each lot represents the official closing time for that lot.
3. Taxes (including but not limited to sales tax), import duties, handling and insurance are the responsibility of the buyer and are added to all invoices when possible and/or appropriate.
4. At any time Kenneth W. Dorney may disallow any bidder from participating, cancel any bid, cancel an invoice or withdraw any lot.
5. A 15% buyer’s fee will be added to the final hammer price of all successful electronic bids placed via the website. We reserve the right to raise or decrease the buyer’s fee at our discretion. (The current buyers fee is posted in the information box next to each “Bid”, Bid Now, or Place Bid button, this information box is indicated by a "i" within a blue circle).
6. Estimates are intended as a guide only and not as a statement of opinion of value. Estimates are the opinion of the cataloguer based on similar items, which have sold in the past, their condition, appearance and other market and related factors.
7. All items are guaranteed genuine unless otherwise stated in the lot description. Attribution, reference citations, descriptions, grade and valuation are the opinion of the cataloguer, and no warranty is expressed or implied as to its accuracy. Whenever possible or convenient high quality photographs are provided for you to be able to judge this information for yourself.
8. Return of any item is not allowed for any reason other than authenticity. Claims of authenticity must be made immediately known by the original purchaser. Any disputed item will be reviewed independently by recognized experts at the buyers expense. If any item is found to be not authentic a full refund including associated fees and expenses will be issued. Any and all items returned must be in original sale condition. Cleaning, altering, damaging or any other factor affecting the original condition of the item voids any and all guarantees of authenticity. This includes removing any encapsulated item from its holder or container.
Execution of Proxy Bids
Estimates and opening prices are placed for each lot. These estimates are intended as a guide only (see Item 6 above). Generally the opening price is 60% of the estimate but it may be higher or lower. Our auction software will execute bids on your behalf based up to your maximum bid limit. Bids will be executed at one bidding increment over the next highest bid according to the following increments:
1-100 USD – 5 USD increment
101-200 USD – 10 USD increment
201-500 USD – 20 USD increment
501-1000 USD – 50 USD increment
1001-2500 USD – 100 USD increment
2501-5000 USD – 200 USD increment
5001-10000 USD – 500 USD increment
10000+ USD – 1000 USD increment
Payment
Most payment forms are accepted including but not limited to check, money order, credit card and PayPal. All invoices are due upon receipt.
Non or Late Payment
If an invoice is not paid for within thirty (30) days you will lose all right to claim the lot. At our discretion it may be relisted for sale, returned to the consignor or disposed of in any other manner. Not paying your invoices is grounds to be permanently banned from bidding in any of our auctions. Any delay in payment (if known) by the bidder must be communicated immediately
Blocked or Cancelled Bids
Kenneth W. Dorney reserves the right to block you from bidding on auctions and/or canceling your bids for whatever reason we deem to be appropriate, for either current or future sales. Some reasons may include but are not limited to: placing fake bids, shill bidding (artificially increasing the price of a lot because you have an interest in it), not paying an invoice, returning lots without cause, filing a claim with your credit card company, bank, PayPal or other financial institution to have charges reversed, committing fraud or attempting to interfere with the use of the website or its proper performance.
Miscellaneous
This constitutes the entire Agreement between you and Kenneth W. Dorney with the respect to the use of this site and/or our services and no representation or statement not contained herein shall be binding upon you or Kenneth W. Dorney as a warranty or otherwise, unless in writing and executed by the party to be bound hereby. You hereby agree that any cause on action that may arise in any way under or due to this Agreement shall be brought and venue thereof shall be placed in the state of California. This Agreement shall be governed and construed in accordance with the substantive laws of the State of California including all matters of construction, validity, performance and enforcement, without giving effect to the principles of conflict of laws.