Terms and Conditions

MAGICAUCTION.COM - TERMS AND CONDITIONS OF SALE

MAGICAUCTION.COM is a DBA for WILSON ENTERTAINMENT GROUP, LLC, with the purpose of acting as AUCTION PLATFORM and ESCROW AGENT for THIRD PARTIES (hereby known as “SELLERS” and “BUYERS”). “LOTS” listed on MAGICAUCTION.COM refers to property, assets, memorabilia, and other lots for sale at a set price, and for sale by auction, on behalf of SELLERS.  

These CONDITIONS OF SALE, and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere on the WEBSITE are the complete and only terms and conditions on which all property is offered for sale. By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) including, but not limited to online, the BUYER agrees to be bound by these CONDITIONS OF SALE. 

  1. ALL PROPERTY IS SOLD “AS IS” AND “WITH FAULT” BY THE LISTING PARTY (HEREIN AFTER KNOWN AS “SELLER”). MAGICAUCTION.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF THE PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) ON THE WEBSITE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY. THE BUYER IS MAKING THIS PURCHASE AFTER AND IN RELIANCE UPON HIS OR HER FULL AND COMPLETE EXAMINATION OF THE GOODS, AND NOT BY REASON OF ANY REPRESENTATION OF THEIR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, SPECIFIC ATTRIBUTES OR OTHERWISE, MADE BY OR ON BEHALF OF THE SELLER. IT IS HIGHLY RECOMMENDED THAT THE BUYER EXAMINES THE LOT OF INTEREST IN PERSON OR THROUGH AN AGENT BEFORE MAKING A BID.
  2. MAGICAUCTION.COM MAKES NO REPRESENTATION THAT THE BUYER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO.
  3. All bids are to be per lot as numbered on the website. ADDITIONAL LOTS MAY BE ADDED THAT ARE NOT ON THE WEBSITE. THOSE LOTS ARE CONSIDERED TO BE PART OF THIS SAME AUCTION, AND THEREFORE COVERED BY THESE SAME CONDITIONS OF SALE.
  4. MAGICAUCTION.COM and the SELLER reserve the absolute right (a) to withdraw any LOT at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. MAGICAUCTION.COM is the sole judge as to the amount to be advanced by each succeeding bid.
  5. Any right of the BUYER under this agreement or under the law shall not be assignable and shall be enforceable only by the original BUYER and not by any subsequent owner or any person who shall subsequently acquire any interest. No BUYER shall be entitled to any remedy, relief, or damages beyond return of the property, rescission of the sale and refund of the purchase price (less any applicable bank and/or third-party fees); and without limitation, no BUYER shall be entitled to damages of any kind.
  6. The highest bidder acknowledged by MAGICAUCTION.COM shall be the BUYER. In the event of any dispute between bidders, MAGICAUCTION.COM shall have the absolute discretion either to determine the successful bidder or to reoffer and resell the lot in dispute. If any dispute arises after the sale, the MAGICAUCTION.COM sales records shall be conclusive as to the BUYER, amount of highest bid, and in all other respects.
  7. The purchase price paid by a BUYER shall be the final bid, which includes a BUYER’s premium of fifteen percent (15%) of the SELLER’S PRICE. We treat all bidders, in-person or on-line, equally.
  8. How the Auction Process Works

    Wednesday at 10pm Eastern Time, Auction Closes. Winners are notified by 10pm Eastern time, the next day, Thursday, or earlier. From Thursday, we coordinate shipping between BUYER and SELLER. Once the terms of shipping are agreed upon by both parties, an updated and detailed final invoice, including shipping and any other fees, is sent to the BUYER. BUYER then has 10 days to process payment to MagicAuction.com. For lots valued USD $999.99 and under, payment may be made to our PayPal account. For lots valued USD $1,000 and over, we require a Bank Wire Transfer. Funds are held in escrow for both parties by MagicAuction.com until the lot is received by BUYER, and Accepted as the lot was advertised. For issues related to non-acceptance, please see “Disputes and Remedies” below.

    At close of auction, title to the offered lot or article will pass to the highest acknowledged bidder provided that BUYER fulfills the conditions stated above.

    If the foregoing conditions or any other applicable conditions herein are not complied with, SELLER reserves the right to pursue all available legal remedies.
  9. Disputes and Remedies

    Including, without limitation, the right to hold the BUYER liable for the bid price plus shipping costs (if applicable), the SELLER [and MAGICAUCTION.COM??] at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the BUYER, or (b) resell the property, either publicly or privately, for the account and risk of the BUYER, and in such event the BUYER shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and the MAGICAUCTION.COM commission at its regular rates and all other charges due hereunder. The SELLER may also impose late charges of one and one-half percent (1.5%) per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid.
  10. All purchases must be paid in full (the bid price, BUYER’s premium, all applicable taxes, and any other charges) within 10 days of the final invoice date. Payment must be made in U.S. dollars with cash; PayPal (for transactions up to $999.99) or Wire Transfer (for transactions  of $1000 and over). The BUYER agrees to pay all fees for PayPal or Wire Transfers to the Escrow account. The SELLER agrees to pay all fees for PayPal or Wire Transfers from the Escrow account to the SELLER. In the event the BUYER pays by credit card, a 2.5% convenience fee of the entire purchase price including BUYER’s premium and any applicable taxes will be added to the entire charge.

    CONDITIONS OF SALE 
    1. Except as noted in this paragraph, all lots in this sale are offered for the account of a third party, without any interest (direct or indirect) of MAGICAUCTION.COM and Wilson Entertainment Group, LLC.
    2. The rights and obligations of the parties shall be governed by the laws of the State of California. All bidders and BUYERS submit to the personal jurisdiction of the California State courts and their rules and procedures in the event of any dispute.
    3. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the estimates, or any other matter on this WEBSITE or any other matter whatever (whether made by the auctioneer, or any representative of the SELLER) shall be effective unless it is in writing and signed by a representative of the SELLER.
    4. Prospective bidders must register and provide identification prior to the sale. MAGICAUCTION.COM may require financial references or a bank letter of credit prior to being approved to bid at auction. MAGICAUCTION.COM reserves the right to approve or reject any potential bidder from participating in the sale.

ADVICE TO PROSPECTIVE BIDDERS
      ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE AND THE CONDITIONS OF SALE PRINTED ON THE WEBSITE. 

  1. Negation of Express Warranties or Intent to Warrant by Description and Inspection of Property

    BUYER agrees that there have been no affirmations of fact or promises made by MAGICAUCTION.COM relating to the lot or lots and becoming part of the basis of the bargain other than those affirmations and promises expressly set forth herein. Prospective bidders or their agents are strongly advised to personally inspect property prior to the auction. All lots are sold “AS IS” and “WITH FAULT” without recourse to the MAGICAUCTION.COM. MACIGAUCTION.COM is not responsible for the accuracy of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. The absence of any reference to the condition of a lot does not imply that the lot is in fine condition or completely free from defects, imperfections, wear and tear, or the effects of aging. Except as required by local law, any warranty of any kind whatsoever is excluded by this paragraph.
  2. Reserves

    While most lots will be offered without reserve, some lots are subject to a reserve, which is the confidential minimum price agreed to with the SELLER, below which the lot will not be sold. The reserve will never be higher than the low pre-sale estimate and will never be lower than half the low estimate. The SELLER may implement such reserve by opening the bidding and may bid up to the amount of the reserve by placing successive or consecutive bids for a lot in response to other bidders.
  3. Estimates

    The estimates provided are intended as a guide to bidding. The figures are educated guesses, based on recent values. A bid between the listed figures would, in our opinion, have a chance of success (at the time the WEBSITE was prepared).
  4. Bidding

    All bids are placed on-line at MAGICAUCTION.COM, and such bids will be executed subject to additional fees as described above.
  5. Absentee Bids

    Absentee Bids will be executed by MAGICAUCTION.COM on the bidder’s behalf in competition with other on-line bids, absentee bids, and bidding in the room. Every effort will be made to carry out the bidder’s instructions, but MAGICAUCTION.COM shall in no event be responsible for failing correctly to carry out instructions, and MAGICAUCTION.COM reserves the right to decline to undertake such bids. All bids should be made in U.S. dollars.
  6. Shipment

    Shipment will not be released without written consent from BUYER and account must be paid in full to SELLER for all purchases. If the SELLER agrees to ship purchased lot/lots, BUYER agrees to pay an additional charge for the cost of packing, shipping, handling, and insurance charges. In any event, the SELLER shall have no liability for any loss or damage to any lots, and packing and shipping is at the entire risk to the BUYER.
  7. Lots not Returnable

    Paragraph 2 of the Advice to Prospective Bidders describes lots which are sold “AS IS” and “WITH FAULT” and not returnable.
  8. Purchased Lot

    If for any reason a sold lot cannot be delivered in the same condition as at the time of sale, or should any bought lot be misdelivered, stolen, or lost prior to delivery, the SELLER shall not be liable for any amount in excess of that paid by the BUYER.

Contact
If you have any questions regarding this policy, or your dealings with our website, please contact us here:

GREG1@MAGICAUCTION.COM

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