1.) BIDDER TERMS & CONDITIONS We advise all bidders to read the Terms and Conditions of the Sale before bidding with Peekaboo Gallery referred to below as PEEKABOO. Those who bid are bound by those Terms and Conditions of the Sale, as amended by any oral announcement, published or posted notices, which together form the contract of the sale between the successful bidder (purchaser), PEEKABOO and the seller (consignor) of the lot.
2.) TERMS OF SALE When bidding on any lot offered by PEEKABOO, the bidder indicates acceptance of the following Terms of Sale. Any participation in the auction binds you to agreement of these terms whether or not you read or understand said terms. The Terms in writing contained herein are subject to change without notice and bidder agrees that the most recently published Terms of Sale as published or amended on the website at the beginning of the auction shall apply.
3.) CONDITION OF ITEMS PEEKABOO makes every effort to accurately describe all items offered in its sales, however all items for sale are “as is,” and it is the bidder’s responsibility (present or absentee bidders) to determine the exact condition of each item. PEEKABOO will not be held responsible for typographical errors. Neither we nor the consignor, make any guarantees, warranties, or representation, expressed or implied, in regard to the property or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance,
exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. PEEKABOO believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been restored. It is the bidder’s responsibility to initiate contact with PEEKABOO in request for additional information regarding the items. Submit all questions regarding upcoming auction items at least 48 hours prior to the date of auction. We will make every effort to answer all submitted questions in a timely manner. However, we cannot guarantee that questions submitted within 48 hours of the auction date will be answered prior to the auction. Any request for an appointment for physical inspection of item(s) can be requested prior to bidding 3 business days before the auction. The consigner and we make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. Returns will not be accepted under any circumstances. All items will be available for preview approximately two (2) months in exhibition prior to the auction. All items are sold for display purpose. If electrical, mechanical, or other working parts are inoperable, even if working at the time of sale, we are not liable due to the inherent nature of the age of these antiques and items. This also includes any condition or operation change from the moment said item(s) transfer possession from PEEKABOO to the buyer, shipper or any agent. Buyer is solely responsible for determining and understanding such condition issues. The lack of a condition report does not imply that the item or lot is free from imperfections, defects or wear and tear of the aging process.
4.) BIDDING RIGHTS & RESPONSIBILITIES The auctioneer will determine the highest bidder. The auctioneer alone has the right to reopen the bidding of an item if deemed necessary due to a dispute. If there is a tie bid between the floor and Internet or absentee bid, the floor bid takes precedence. PEEKABOO and its representatives reserve the right to remove those attendees who impede preview and/or the auction. Title to all merchandise shall pass to the highest bidder at the fall of the auctioneer’s hammer. *By placing a bid, whether or not that bid culminates in the final, winning bid against the live hammer, you accept all purchase conditions as the underbidder. Should the item pass through technicality or any other circumstance from the high bidder, Peekaboo Gallery will immediately transfer the winning bid to the underbidder (you) at your last bid increment, plus commission and any shipping charges agreed to in the general conditions of sale. Again, your bid, whether the final hammer bid or not is an agreement to purchase at your submitted bid price. The buyer will then assume all risk and full responsibility of the lot purchased once ownership has changed. We recommend that you arrange insurance for your items immediately upon becoming the highest bidder. PEEKABOO is not responsible for any errors in bids, omissions of bids, or failure to execute bids and shall have no liability to any bidder for any technical or other failure associated with the internet, absentee bidding, or telephone bidding.
5.) ABSENTEE BIDDING PEEKABOO will accept absentee bids if pre-authorized by mail, email, phone or through www.peekaboogallery.com online. Absentee bidders must call (626)800-3555 or email email@example.com to submit absentee bids. If there are two (2) identical bids placed on the same item, priority will be given to the first bid received. All bids must be left in increments as explained on our auction page. If a bid is “out of increment,” the auctioneer has the right to round the bid up to the next correct increment. Bidders may preview, register and place bids online through our website, www.peekaboogallery.com. Absentee and online bids placed through www.peekaboogallery.com will be auto charged to the credit card entered 48 hours after the end of the sale. If you wish to pay by another method please contact us within 48 hours after the sale. Seller(s) agree to allow the Auctioneer to accept and execute absentee bids in a competitive manner for potential buyers and under the PEEKABOO absentee bidding terms and conditions. During the live sale, the auctioneer will execute your absentee bid competitively up to the maximum amount you have indicated.
6.) ONLINE BIDDING Online bidding through www.peekaboogallery.com, Live Auctioneers, icollector or other bidding platforms may be available; all Terms and Conditions still apply. A surcharge will be added for third party online platforms. Refer to your bidding platform of choice for the final buyer’s premium. If there is a tie bid between the internet bidding venues and the floor, the floor bid takes precedence. If a credit card has been provided to one of the online bidding platforms, PEEKABOO reserves the right to use and charge the credit card if the winning bidder has not paid via another method by the 7 day term in Payment Terms below. Due to our fast paced auctions and bids coming from floor bidders, phone bidders, internet bidders and absentee bids, the auctioneer has the final word on all item(s) sold. You (the bidder) assume the risk of winning an item online and not having the item actually sell to you. This is due to the final call of the auctioneer and the operator not being able to re-open that lot. Online bidders are fully responsible for accidental bidding as if they bid normally. PEEKABOO reserves the right to reject any bid at any time and at his sole discretion. PEEKABOO additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. PEEKABOO reserves the right to withdraw any lot at any time before, during, or after the auction without liability.
7.) BID RESULTS PEEKABOO will only contact successful bidders. Please allow 24-48 hours post auction to receive your official invoice from PEEKABOO. The invoice will include item, hammer price, premium, and any other charges that apply. Please hold phone inquiries regarding bid success until after receiving your invoice. For verifications, PEEKABOO cannot provide winning bid information until the second business day after the auction. PEEKABOO will not provide bidder information to any outside sources.
8.) BID INCREMENTS Bid increments listed are a general guideline. Actual increments are at the auctioneer’s discretion. If a lot does not receive a bid of 50% of the low estimate, the lot will be passed by the auctioneer. $0 – $100…$10 • $100 – $200…$20 • $200 – $500…$25 • $500 – $1,000…$50 • $1,000 – $2,000…$100 • $2,000 – $5,000…$250 • $5,000 – $10,000…$500 •$10,000 +… Auctioneer’s discretion
9.) RESERVES The majority of our items are unreserved, but occasionally items may carry a moderate reserve. Please note that when a lot carries a reserve, the reserve is usually somewhere below our low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached.
10.) BUYER’S PREMIUM A 20% buyer’s premium will be added to all successful bids and is payable by the purchaser as part of the total purchase cost. Payment by cash, credit/debit card, check, money order or wire transfer is made within 7 days of the invoice. A surcharge will be added for any third party online bidding platform that the bidder utilizes. Refer to your bidding platform of choice for the final buyer’s premium. Depending on the platform, the charge will be between 3-5%.
11.) SALES TAX Lots picked up by you, or your representative are subject to all applicable state and local taxes, unless appropriate permits are on file with PEEKABOO. This charge is 10.25% in Long Beach, California and 7.25% shipped within California.
12.) PAYMENT, INTEREST and STORAGE FEES All merchandise must be paid in full within seven (7) days of the date of the invoice. Payments can be made by direct pay through emailed invoice, call 626-800-3555 or mail payment to: Peekaboo Gallery 2100 Montrose Ave, Monstrose, CA, 91020. Interest will be charged on all balances not paid at the rate of 1-1/2% monthly (18% APR) effective 30 days from the invoice date. All goods not retrieved by Buyer within 30 days after the invoice date, shall be subject to a storage fee of $50 per item per month. Buyer authorizes the PEEKABOO to sell, at their standard commission and consignment contract terms, any goods not retrieved after a 90 day period in any manner deemed appropriate by PEEKABOO and the proceeds will be applied to any outstanding balance due from the buyer. Absentee bids placed through www.peekaboogallery.com will be auto charged to the credit card entered 48 hours after the end of the sale. If you wish to pay by another method please contact us within 48 hours after the sale. We accept Paypal, Visa, MasterCard, Discover, American Express, personal checks, certified checks, wire transfers, money orders, and cash. CREDIT CARD – We will not accept credit card payment for any jewelry, watch, coin or currency auction purchases. Split payments are subject to a 28% buyer’s premium if a credit card is used as any form of total payment. • CHECK – There will be a $30 service charge for returned checks. Make checks payable to: Peekaboo Gallery. PEEKABOO reserves the right to hold items paid for by personal or company check until said check clears (14 days). PEEKABOO has the right to hold all checks over $2,000. Customers who have an established successful buying history with PEEKABOO may be exempt from this. We will accept a personal or company check >$2,000 and/or from a first time buyer if you provide a Bank Letter of Credit by calling or emailing us.
13.) WIRE TRANSFERS There will be a $30 charge added to all wire transfers less than $2,000. Please add this amount to your invoice total before sending a wire transfer. In the few situations where a successful bidder does not remit payment when due, PEEKABOO will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation.
14.) PACKING/SHIPPING It is the bidder’s responsibility to take shipping, handling, and insurance costs into consideration when bidding on items. PEEKABOO generally does not handle packing or shipping. FOR THE GODZILLA SALE, WE WILL SHIP ITEMS. Invoices shall be generated and if not charged upon initial payment, will be invoiced separately once a shipping quote is attained for the buyer’s requirements. PEEKABOO will have no liability for any loss or damage to items PLEASE SEE YOUR INVOICE FOR SHIPPING OPTIONS. For heavy, fragile or generally oversize & special shipping requirement items,
PEEKABOO recommends NAVIS pack and ship. PEEKABOO can provide contact with them as our preferred shipping service for large, specialty items. AGAIN, PLEASE SEE INVOICE and/or ITEM DESCRIPTION (*Special Shipping Applies for Oversize Items). For any buyers who wish to arrange for their own shipping, PEEKABOO must be notified at least seven (7) days prior to arrival of the shipping company name, arrival date and time. Pickup must be scheduled by appointment. Buyers must arrange weekend pickups in advance with PEEKABOO staff, and additional charges may be necessary for overtime. All 3rd
party shippers must arrive with a copy of the invoice.
15.) BIDDERS PRESENT AND TAKING ITEMS AFTER AUCTION Since item liability transfers upon a successful bid, items paid for must be packed, transported and/or removed by the purchaser at his/her own risk after the close of the sale. We recommend that you arrange insurance for your items immediately upon becoming the highest bidder. If any employee or agent of PEEKABOO shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the purchaser. PEEKABOO shall not be held liable for any loss or damage that may be caused by the said agent or employee.
FOR THE LIVE AUCTION EVENT, PEEKABOO is making arrangements to allow for real time fulfillment during and immedia-tely after the sale. Bidders are encouraged to have their credentials and payment type available at the register. Once youritem is confirmed for closing outto your bidder number, the item shall be released for purchase. In some circumstance, if thewinning bidder number is in question with either another live bidder OR an online bidding platform, PEEKABOO reserves theright to hold said item until the issue is resolved. BUYERS, please be aware that due to the nature of convention center ANDthe possible time constraints of the auction event itself, item fulfillment may need to be completed through the mail. Again, ifthis occurs, you will be contacted and invoiced by the gallery or please contact the gallery directly.
16.) INTERNATIONAL SHIPMENTS PEEKABOO can arrange to ship to international bidders. By law, PEEKABOO cannot, and will not, declare lesser values for any international purchases and all shipments will include the invoice with purchase totals including the buyer’s premium and shipping cost. All international bidders are responsible for knowing their country’s laws on importing items and for paying all customs and duties on the items. All VAT and/or customs charges are the responsibility of the buyer..
17.) STORAGE FEES PEEKABOO will charge a storage fee of $50 per item per month for any items awaiting pickup for more than 30 days following the invoice date. Buyer authorizes the PEEKABOO to sell, at their standard commission and consignment contract terms, any goods not retrieved after a 90 day period in any manner deemed appropriate by PEEKABOO and the proceeds will be applied to any outstanding balance due from the buyer.
18.) AGREEMENT REGARDING GOVERNING LAW, VENUE, AND LEGAL RIGHTS I hereby understand and agree that any controversy or claim arising out of or relating to PEEKABOO Bidder Terms & Conditions, which includes this provision (hereafter referred to as “Terms & Conditions”), PEEKABOO, or the breach thereof (hereafter referred to as “Claims”), shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. I hereby irrevocably submit to the personal jurisdiction of the appropriate court in Los Angeles County, California in any action or proceeding arising out of or relating to the Claims and their enforcement, and I agree that any and all Claims must be adjudicated, heard, determined, and resolved in said court, and I hereby irrevocably waive any objection on the ground that any such action or proceeding in said court has been brought in an inconvenient forum. PEEKABOO failure to exercise or enforce any right or provision of these Terms & Conditions or any other legal rights, shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms & Conditions by PEEKABOO must be made in writing and signed by an authorized representative of PEEKABOO specifically referencing the provision(s) contained ..within the Terms & Conditions to be waived. Headings used in the Terms & Conditions are for convenience only and are not to be relied upon. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. These Terms & Conditions will inure to the benefit of, and are intended to be, enforceable by PEEKABOO, its parents, subsidiaries, affiliates, successors, assigns, members, directors, officers, and licensees. There are no third party beneficiaries to these Terms & Conditions; a person or entity who is not a party or signatory to these Terms & Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of these Terms & Conditions.