Alexander Calder (1898 - 1976) "Fiesta" - 1973

Helmuth Stone Gallery Terms & Conditions

PLEASE READ ALL INFORMATION BELOW AS BY REGISTERING FOR THIS AUCTION AND BIDDING WITH HELMUTH STONE GALLERY YOU ARE AGREEING TO ALL TERMS AND CONDITIONS STATED BELOW AND WILL BE HELD TO THESE TERMS AND CONDITIONS REGARDLESS IF YOU HAVE CHOOSEN TO READ THEM.

TERMS AND CONDITION BULLET POINTS
- By registering to bid for this auction either in-house, online and/or by placing a bid in this auction the BIDDER/BUYER agrees to all the terms and conditions of Helmuth Stone Gallery Auctions.

- All items are sold as-is where-is and no guarantees are made of any kind.

- All silver, gold and/or jewelry lots or invoices containing said lots MUST be paid for via WIRE TRANSFER, no other forms of payment will be accepted.

- We recommend looking into shipping quotes prior to bidding, shipping quotes can take up to a week or more post-sale as we host our auctions through 6 online platforms and shipping can become backlogged.

- All sales are final; no refunds will be given under any circumstances.

- Helmuth Stone Gallery provides condition reports as a courtesy to our clients and assumes no liability for any error or omission. Any condition statement is given as a courtesy to a client and is only an opinion and should not be treated as a statement of fact. Descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, mater. The bidder assumes responsibility for ensuring that the condition of the item(s) meets with their satisfaction prior to bidding. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging.

- Online images can sometimes be low quality due to the uploading process, original high-resolution images can be requested via email at HelmuthStone@gmail.com

- Our auction catalogs are hosted through multiple online platforms along with phone and in-house bidding. Bids placed on other platforms are not shown through this catalog. Because of this, even if it appears you are the only absentee bid or bidder on a lot, you may already be outbid or may have placed a bid equal to another bidder. Therefore, we always recommend bidding live.

- Unless otherwise stated in the description, all items are sold without additional documentation or COAs. If any supporting documentation is available an image will be available online via the catalog listing.

1)            HELMUTH STONE GALLERY AGREEMENT:

By registering to bid for this auction either in-house or online and/or placing a bid in this auction the BIDDER/BUYER agrees to all the terms and conditions stated and by doing so constitutes a binding contract between Helmuth Stone Gallery and the bidder/buyer.

2)            TERMS:

All items are sold "AS-IS, WHERE-IS." Helmuth Stone Gallery makes no guarantee, warranty or representation expressed or implied as to the quantity, kind, size, quality, weight, or description of any of the property or its fitness for any use or purpose whatsoever. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. In addition to descriptive information, each item in the catalog sometimes includes a price range which reflects opinion as to the price expected at auction. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer's premium or FL sales tax.
- Any property purchased shall not be refundable, returnable, or exchangeable, and that no credit to buyer's account will be issued under any circumstances. The last sentence constitutes Helmuth Stone Gallery official policy regarding returns, refunds, and exchanges where credit or debit cards are used. 

3)            PAYMENT:

All major credit/debit cards, bank transfers, cashier's and personal checks, cash and PayPal will be accepted. All lot(s) paid for by check will be held for 3 business days for check to clear, any invoices paid for by a bad check will incur a $40 charge to be added to the new invoice. Payments must be completed by 5:00 PM ET within 8 business days following the auction or the bidder will have a dispute placed against their bidding profile via the online platforms.

- Credit Card payments that are made to Helmuth Stone Gallery directly will incur a surcharge of 3.99% added to the total invoice amount. We participate in a discount program which offers our customers that choose to pay by Cash, Check, Wire, or ACH an immediate discount on the 3.99% service charge.

- Invoices totaling over $ 5,000 MUST be paid via WIRE TRANSFER.

- All silver, gold and/or jewelry lots or invoices containing said lots MUST be paid for via WIRE TRANSFER, no other forms of payment will be accepted.

- Any fees associated with processing a WIRE TRANSFER must be paid for by PAYEE and cannot be taken out of the payment amount.

- International buyer’s that are new to Helmuth Stone Gallery may be requested to make payment via wire transfer (this discretion is up to Helmuth Stone Gallery)

- Buyer's Premium: Helmuth Stone Gallery has a 21% in-house buyer's premium added to the hammer price of all sold items. Online bidders have a 24% buyer's premium added to the hammer price of all sold items.

4)            TAX:

Florida State sales tax (7%) will be applied to all in-house invoices and any online invoices where the bidder resides in the state of Florida or the item is shipped to an address in the state of Florida. A current completed tax exemption certificate is required at time of registration for all buyers who wish to qualify for tax exemption. Buyer is responsible for payment for all successful bids.

- All taxes assessed or imposed by the United States, the State of Florida, or any other government entity on this transaction will be paid by the buyer direct to the agency due, if applicable.

- Due to the 2018 ruling by the United States Supreme Court in South Dakota v. Wayfair, Inc, companies may now be held liable for collecting out-of-state sales tax based on the zip code an item(s) is shipped to. This varies based on the state and company due to the new nexus laws being put into effect. Because of this new law, invoices may now contain sales tax based on the zip code provided by your bidding profile.

5) Failure to pay for your purchases or shipping through third party may result in forfeiture. In either case, your name may be removed from the mailing list. In addition, future bids from those bidders not in compliance with the Terms and Conditions of sale may not be accepted by Helmuth Stone Gallery.

6) When registering in person, registering for phone/absentee bidding, or bidding online, bidder confirms that they have read the auction terms and conditions and that they agree to abide by all the auction terms and conditions. Your signature on our Bid Form or acceptance of these terms through any online bidding platform constitutes permission to charge successful bids to credit cards if payment is not received within 3 business days after the auction.

7)            PHONE BIDDING:

In our opinion, cellular phones do not always have dependable service, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations.

8) Auctioneer reserves the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property.

9)            REFUND POLICY:

All items are sold AS-IS and there will be no returns based on condition. The items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. Condition reports are available upon request from the auction house. However, neither Auctioneer, his or her employees or agents is authorized to make on Auctioneer's behalf or on that of the Consignor any representation or warranty, oral or written, with respect to any property.

Auctioneer warrants the authorship (as hereinafter defined) of a lot only for a period of thirty (30) days from date of sale (not date of receipt) of such lot and only to the original Buyer of record at the auction. Upon being notified within the thirty (30) day limited warranty period, it is determined to Auctioneer's satisfaction that the authorship is incorrect, the sale will be rescinded provided that the lot is returned to Auctioneer in the same condition in which it was at the time of sale. Auctioneer shall have the right to have the Buyer obtain, at the Buyer's expense, the opinion of two recognized experts in the field, item must be inspected in person and mutually acceptable to Auctioneer and Buyer, before Auctioneer determines whether to rescind a sale under this limited warranty. Buyer is advised that said lot should be inspected by themselves or their agents to their own level of satisfaction prior to bidding and purchase, but in any event, by the time they have purchased the item, as the limited warranty referred to herein expires thirty (30) days from the date of sale. Otherwise, there is no recourse whatsoever with Auctioneer as to authorship as defined hereinafter. Consignor, through its consignment contract, has agreed to allow Auctioneer to provide or release to the Buyer of a contested item, after the limited warranty period, necessary contact information of the Owner (i.e., name and phone number) if Buyer wishes to seek a remedy or resolve a dispute in this matter directly with the Owner, after the limited warranty period runs. Buyer agrees and understands that after the thirty (30) day limited warranty, Buyer waives all right to request refunds of commissions, whether paid by Owner or Buyer, and all commissions are nonrefundable and shall remain the property of Auctioneer. Once the 30-day limited warranty period expires, Auctioneer may elect to have no involvement in the dispute between Owner and Buyer other than to provide contact information. If testimony is required of Auctioneer's employees or experts, their time will be charged to the respective party at the rate of $250 per hour plus expenses. If Helmuth Stone Gallery offers a refund for an item, buyer is responsible for all shipping charges incurred and Helmuth Stone Gallery does not reimburse for shipping costs. Buyer is also responsible for shipment of item back to auction house before refund will be offered. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Auctioneer recommends that they not bid on the property. All dimensions are approximate.

- Authorship is defined as the artist of the work as set forth in the title or description of the lot in this catalog.  (See section 10 for definitions of authorships)

10)         ARTWORK:

When it comes to all artworks sold through Helmuth Stone Gallery, we ask all potential bidders to ask any and all questions before placing any bids. All lots may not contain a condition report, but this does not imply that the artwork is in pristine condition. By placing any bids, you are agreeing that you have inspected the item to your full satisfaction and have asked any and all questions of your liking (ex: condition, provenance, size, medium, etc.).

All authorship of items in this catalog are described according to the following terms:

Example Artist: John Smith (1900 – 2000)

- [Artist Name]: [John Smith (1900 – 2000)]

In our opinion, the work is by the artist. This authorship is the only classification that can warrant a refund if proven invalid.
- Attributed to [Artist Name]: [Attri. John Smith (1900 – 2000)]

In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
- In the manner of [Artist Name]: [In the manner of John Smith (1900 – 2000)]

In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
- After [Artist Name]: [After John Smith (1900 – 2000)]

In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
- Circle of [Artist Name]: [Circle of John Smith (1900 – 2000)]

In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.
- Follower of [Artist Name]: [Follower of John Smith (1900 – 2000)]

In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil).
- American, 19th Century:

In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).

- Signed ‘[Artist Name]’: [Signed ‘John Smith’]

In our opinion, the piece is signed but no authorship is being given to whom the artist may be. These listings are sold for their decorative value only.
- Bearing signature/date:

In our opinion, the signature/date on the artwork may be spurious, forged or has been added by someone else other than the artist.

11)         JEWELRY:

Helmuth Stone Gallery makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, earth mined, manmade or other. Appraisals, descriptions, photographs, are offered as a service and are not intended to be a complete analysis of the qualities and conditions of the jewelry. All identifications, information, weights, quality, cut, value, and other estimates, are opinions, limited by examination and grading the mountings, the condition and cleanliness of the items. All gems, colored stones, diamonds, cultured or natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced by a variety of treatments.

- All silver, gold and/or jewelry lots or invoices containing said lots MUST be paid for via WIRE TRANSFER, no other forms of payment will be accepted.

- All watches are sold for display purposes only. We cannot guarantee working order after item leaves premises.

12)         DAMAGES:

Buyer assumes full responsibility for any and all item(s) when the hammer falls. Helmuth Stone Gallery shall have no liability for any damage to property left on site after the date of sale.

13) Purchased items not picked up from Helmuth Stone Gallery or that have not had shipping arranged within 15 business days of the auction date will be assessed a storage fee of $10.00 per day, per item, until 90 calendar days have accrued at which point the item becomes abandoned unless prior arrangements have been made. See below.

- Refusal to ship an item does not denote a refund will be offered and items will become incur storage fees and will become abandoned if shipping is not arranged.

14)         ABANDONED PROPERTY:

Unless prior arrangements have been made, any lot(s) remaining at Helmuth Stone Gallery for more than 90 calendar days after the auction date will be considered abandoned and will be resold to offset the storage fees. Helmuth Stone Gallery is not obligated to notify the winning bidder that the abandoned lot(s) will be resold at auction.

15) This agreement shall be administered in accordance with the laws of the State of Florida and any dispute will be submitted to the exclusive jurisdiction of the provincial courts and the federal courts sitting in the The State of Florida.

16)         CONDITION REPORTS

Helmuth Stone Gallery provides condition reports as a courtesy to our clients and assumes no liability for any error or omission. Any condition statement is given as a courtesy to a client and is only an opinion and should not be treated as a statement of fact. Descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, mater. The bidder assumes responsibility for ensuring that the condition of the item(s) meets with their satisfaction prior to bidding. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging.

17)         RESERVES

Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.

18)          FEES

Some platforms that our catalogs are hosted through charge fees to the bidders for either bidding through their platform or for processing payment via the invoices. These fees are collected by the platforms themselves and are not added by Helmuth Stone Gallery.

- Any fees associated with processing a WIRE TRANSFER must be paid for by PAYEE and cannot be taken out of the payment amount.

- Credit Card payments that are made to Helmuth Stone Gallery directly will incur a surcharge of 3.99% added to the total invoice amount. We participate in a discount program which offers our customers that choose to pay by Cash, Check, Wire, or ACH an immediate discount on the 3.99% service charge.

- Buyer's Premium: Helmuth Stone Gallery has a 21% in-house buyer's premium added to the hammer price of all sold items. Online bidders have a 24% buyer's premium added to the hammer price of all sold items.

19)         SHIPPING INFORMATION:

Helmuth Stone Gallery recommends obtaining shipping quotes prior to bidding on any items in our auctions. (For international shipments buyer is responsible for all duties, customs, and taxes, which are NOT included in the shipping price. In adherence with federal shipping regulations, Helmuth Stone Gallery will not alter any invoices for shipping).

-          If you are interested in obtaining an additional list of local shippers, please email us and we will send one over.

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