Terms and Conditions

2.            Shipping shall be coordinated and arranged between Buyer and Seller within ten (10) calendar days of the Auctioneer’s receipt of the escrowed funds. Beginning at the time the winning bid is confirmed by Auctioneer to Buyer and ending at the time the Lot is received by Buyer, the purchased Lot will be blocked from bidding. Once the terms of shipment (all shipping shall be F.O.B. Seller’s origin) are agreed to between Buyer and Seller, Seller shall notify Auctioneer. Auctioneer will promptly thereafter prepare an invoice for the sale, which shall include the shipping terms and applicable taxes and costs (and any other fees charged by Seller and agreed to by Buyer, if applicable). Buyer will thereafter have five (5) days to remit any additional amount required by the invoice to Auctioneer.  Failure to agree on the shipping terms or failure to make payment by the date(s) required above (including initial payment) shall result in the automatic cancellation of the sale and the relisting of the Lot, provided, however, that Auctioneer shall be entitled to deduct from the escrowed funds its Listing Fee at any time after receipt of such escrowed funds and before remitting any funds to either Buyer or Seller (even in the event that the sale is cancelled and the Lot is later sold to another party).  

3.            For items totaling USD $999.99 or less, payment may be made to Auctioneer through its Venmo, Zelle, or PayPal account. Sales totaling USD $1,000 or more require a Venmo, Zelle, or bank wire transfer. All Payments must be made in U.S. dollars no matter which payment method is used, PayPal, Venmo, Zelle, or wire transfer. Currently we do not accept Checks, Cashier's Checks, or Money Orders. With special approval by MagicAuction.com, payments may be accepted by bank check or cashier’s check only if drawn on or confirmed by a U.S. bank, or money order. Buyer agrees to pay Auctioneer a handling charge of $75 for any check dishonored or on any returned check.

All funds (other than Auctioneer’s Listing Fee and any banking fees and/or third-party fees) are held in escrow by Auctioneer until the item has transferred ownership from Seller to Buyer.

For purposes of Auctioneer’s release of funds from escrow, transfer of ownership may be deemed to occur either when the item is picked up from Seller for shipment or when the item is received and accepted by Buyer, as solely determined by Auctioneer.

Auctioneer maintains absolute discretion as to the timing of the release of Seller's net funds from escrow.

• All property is sold “as is,” “where is” and without warranty, expressed or implied and without recourse to Seller.   Auctioneer makes no warranties or representations of any kind or nature with respect to the property or its value, and in no event shall it be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of value. No statement on the website, or by any representative of Auctioneer, whether oral or written, at the time of the sale, or otherwise shall be deemed a warranty or representation, or any assumption of responsibility on behalf of Seller or Auctioneer. Buyer is making this purchase based upon its own experience and judgment and not based on any representation of the property, its value or merchantability or fitness for a particular purpose, specific attributes or otherwise, made by or on behalf of SELLER. The absence of any reference to the condition of a Lot does not imply that the Lot is in good condition or free of defects, imperfections, wear and tear, or the effects of aging. BUYER agrees that there have been no affirmations of fact or promises made by SELLER or Auctioneer relating to the Lots and becoming part of the basis of the bargain.
•  SELLER AND Auctioneer MAKE NO REPRESENTATION THAT BUYER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO.
•  All bids are to be per Lot as numbered on the website. ADDITIONAL ITEMS MAY BE ADDED THAT ARE NOT ON THE WEBSITE. THOSE ITEMS ARE CONSIDERED TO BE PART OF THIS SAME AUCTION, AND THEREFORE COVERED BY THESE SAME CONDITIONS OF SALE.
• Auctioneer reserves the absolute right (a) to withdraw any ITEM at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. Auctioneer is the sole judge as to the amount to be advanced by each succeeding bid.
• Seller may only remove their item from the auction between auction Close each Wednesday at 10pm ET and auction Open 24 hours later on Thursday at 10pm ET.  Seller may request Auctioneer to remove item prior to auction Close, however, it must be available until auction Close.  Once the 24 hour window begins, Auctioneer can remove item(s) without penalty.   Seller should notify Auctioneer immediately if something happens and the item is not available prior to auction Close.  If Seller simply wants to remove the item before close of auction, perhaps sold independently, then Seller is responsible to pay Auctioneer the Listing Fee established by the initial listing.  If Seller sells their item while listed on MagicAuction.com, Seller is responsible to pay the initial Listing Fee to Auctioneer for posting the item for auction.
• If Seller wishes to reduce the auction Starting Bid, Auctioneer will re-list at the lower rate, however, the Listing Fee will remain the same as determined by the first listing.  For example; If the item's Opening bid is $100 (which includes the Auctioneer's Listing Fee of $15 plus the Seller's Price of $85, see above example) and wants to reduce the opening bid to $75 (a $25 reduction), then the Seller's price would become $60 (the Listing Fee remains $15, as established by the first listing in this example).  Any reduction of Listing Fees is at the absolute discretion of Auctioneer.  Starting Bids may be reduced at any time, even during an auction in process at the discretion of Seller.
• If a potential Buyer makes an offer below the Starting Bid, the Listing Fee remains the same as established by the first listing on the site.  Seller may accept or reject the offer at Seller's sole discretion.  Listings that are being considered for acceptance/rejection at a lower price (also known as "Or Best Offer" OBO) will happen during the 24 hour period between auction Open and Close. 
• Any right of Buyer under this agreement or under any 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 acquires 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 the Listing Fee, any applicable bank and/or third-party fees); and without limitation, no BUYER shall be entitled to damages of any kind.
• The highest bidder acknowledged by Auctioneer shall be Buyer. In the event of any dispute between bidders, Auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the item in dispute. If any dispute arises after the sale, the Auctioneer sales records shall be conclusive as to Buyer, amount of highest bid, and in all other respects.
• Including without limitation the right to hold Buyer responsible for the bid price plus shipping costs (if applicable), Seller at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by Buyer, or (b) resell the property, either publicly or privately, for the account and risk of Buyer, and in such event, Buyer shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and the Listing Fee(s) and all other charges due hereunder.
• For the Refund and Returns Policy, click here
• The rights and obligations of the parties shall be governed by the laws of the State of California. All bidders and purchasers submit to the personal jurisdiction of the California State courts and their rules and procedures in the event of any dispute.
• No waiver or alteration of any of these Terms and Conditions, the estimates, or any other matter in this WEBSITE or any other matters whatever (whether made by the Auctioneer, or any representative of Seller) shall be effective unless in writing and signed by a representative of Seller and/or Auctioneer, as applicable.
• Prospective bidders must register and provide identification prior to the sale Auctioneer may require financial references or bank letter of credit prior to being approved to bid at auction. Auctioneer reserves the right to approve or reject any potential bidder from participating in the sale.  Auctioneer shall have no liability, expressed or implied, to the potential bidder or Seller in this regard.
• These Terms and Conditions may be amended, supplemented, revised or changed at any time by Auctioneer.

Contact

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

Greg1@MagicAuction.com