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Pristine Auction Policies
By placing a bid on an auction item, the bidder acknowledges that he/she has read and understood the following terms and conditions, and is in full agreement with such terms and conditions.
The following terminology applies to these Terms and Conditions. “Bidder,” “you,” or “your” shall refer to you. “Company,” “Pristine Auction,” “our,” or “we” shall refer to JCK Enterprises L.L.C., an Arizona limited liability company d/b/a Pristine Auction. “Seller” or “consignor” shall refer to the party who owns the Lot and is placing the Lot up for auction. “Lot” or “Lots” shall refer to an item or set of items for sale in an auction.
The language in all parts of these Terms and Conditions shall in all cases be construed as a whole according to its fair meaning and not strictly for nor against any party. The neuter gender includes the masculine and feminine. It is mutually agreed that in the event any term, covenant, or condition herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, or condition shall in no way affect any other term, covenant, or condition herein contained. Captions and paragraph headings used herein are for convenience only and are not a part of these Terms and Conditions and shall not be deemed to limit or alter any provisions hereof and shall not be deemed relevant in construing these Terms and Conditions.
All bidders must be 18 years of age or older to participate in the auction. Pristine Auction reserves the right to suspend the account of a bidder and/or cancel any bid for any reason.
In the event a bidder wins an auction, payment of the winning bid, including the Buyer’s Premium (as defined herein) and appropriate shipping charges (collectively, the “Auction Invoice”) is due in full within 7 days of the end of an auction. Payments can be made by cash, check, money order, debit card or credit card, subject to limitations set forth herein. Checks and money orders will be held until cleared. We accept all major credit cards (Visa, MasterCard, American Express, and Discover). Credit card payments can be made directly through our website or by calling 602-626-5218. Appropriate shipping charges are added to each Lot shipped. If payment has not been made within the 7 days, the credit card on file may automatically be charged for your Auction Invoice. Any credit card that has been added to your account and/or used on your account in the past is eligible to be auto-charged for unpaid balances. If the billing address and requested “ship to” address differ, further verification may be required.
If an Auction Invoice is left unpaid for a period of 21 days or more, or if, at any time, a bidder communicates no intention to pay for an Auction Invoice, the Lots shall be forfeited and the bidder shall be responsible for a restocking fee equal to thirty percent (30%) of the Auction Invoice. The restocking fee is assessed under these terms at the sole discretion of Pristine Auction.
Most Lots are processed and shipped within 3-5 business days of Auction Invoice being paid in full. Due to the nature of the product and additional precautions taken during handling, art Lots are processed and shipped within 5-7 business days.
All funds are displayed in United States Dollars (USD).
Credit card payments are accepted on invoices up to $20,000. Invoices exceeding $20,000 must be paid with cashier's check, money order, or wire transfer.
Lots ship via UPS Ground or UPS-MI Service for both domestic and international shipments. Pristine Auction may, in its sole discretion, use USPS under certain circumstances for domestic orders shipping to a P.O. Box, and can make exceptions to ship USPS for international orders under $300 upon customer request.
International orders may be subject to duties, taxes and/or brokerage fees upon delivery assessed by the carrier. These fees are due upon receipt of the package and are the responsibility of the bidder.
Insurance is added at checkout and is calculated at a rate of 1% of the order total.
Winning bidders may pick up select Lots at our warehouse to eliminate shipping charges. However, a small percentage of the Lots in our auction are shipped by approved vendors from alternate locations and would therefore not be eligible for free local pickup. Although some Lots ship from approved vendors, all Lots are eligible for combined shipping rates. Lots shipping from approved vendors will be shipped immediately upon receipt of payment and cannot be held to ship at a future date.
A 16% additional service charge (“Buyer’s Premium”) will be added to the final bid of each Lot. The Buyer's Premium is displayed in each individual auction.
Once a bid is placed, it cannot be deleted. Our website requires a 2-step bidding confirmation process in order to eliminate the possibility of a bid error.
Minimum bid increment is 5% of the current high bid. Bids are accepted 24 hours per day directly through our website (www.pristineauction.com). Our site will automatically generate and send an e-mail when a bidder is outbid on an auction. This is provided as a courtesy service to our bidders and is a non-guarantee service. Although rare, it is possible for our site to encounter interruptions in service or malfunctions. We reserve the right to suspend, cancel, or extend auctions that have been affected by such an occurrence. At the end of each auction, winning bidders will be notified as soon as possible via e-mail. In order to ensure delivery of all of our emails, please add firstname.lastname@example.org to your address book.
Stock images may be used within an auction if multiple similar items are available to offer and if the item offered has the same autograph placement and quality. If a stock image is used, the item offered is guaranteed to be of equal or better quality. Because every hand-signed item is unique, the item received may vary slightly if a stock image was used.
Our auction timer remains constant all year round and corresponds with Eastern Standard Time. All auctions are set up with a 10 minute extended bidding period. The extended bidding period is initiated once an auction countdown is below 10 minutes. During the extended bidding period, all new bids reset the auction countdown to 10 minutes. An auction ends when no new bids are entered for a full 10 minutes. Each auction is on an independent timer so auctions will end at different times.
Many items offered are hand-signed by athletes and, therefore, have been handled by multiple parties in the process. For that reason, some handling wear should be expected. Although it would be our desire, very few items are perfect. Please note that some minor blemishes may be considered within the level of acceptable wear and not specifically noted by our team. Examples would include minor handling wear on photographs and frames as well as natural toning on baseballs.
All auction sales are final except in very limited circumstances set forth below. All Lots are shown and described to the best of our ability. Please ask any necessary questions before placing a bid. If a Lot has been grossly misrepresented in its description, it may be returned. If a winning bidder believes a Lot was misrepresented he/she must contact us within 7 days of receipt of the Lot with written explanation of the alleged misrepresentation. If it is deemed that a gross error has occurred, it is the bidder’s responsibility to return the Lot in question within seven (7) days of notice to the Company of the error. Pristine Auction must be notified within (7) days of the receipt of the package of any damaged, missing, or misrepresented items.
Lots authenticated by an industry recognized third party or first party authenticator may not be returned. Lots accompanied by a Pristine Auction Letter of Authenticity can be returned for authenticity purposes if they have been reviewed and rejected by an acceptable authenticator. Acceptable authenticators are as follows: JSA, PSA/DNA, SGC, Beckett. An 'inconclusive' review does not make a Lot eligible to be returned.
Web store purchases are returnable provided that Pristine Auction is notified by e-mail or phone within (7) days from the receipt of the package. Shipping charges are not refundable unless the item is damaged or grossly misrepresented.
Some auction Lots may have a minimum price that we are willing to accept for that Lot to be sold at auction (“Reserve Price”). If bidding does not meet or exceed the Reserve Price, the Lot shall be returned to the consignor or relisted into a future auction (at the sole discretion of the Company). Auctions with Reserve Prices display a high bid price in red on the listing page until the Reserve Price is met. Reserve prices are activated beginning 3 days prior to the auction end date.
In Reserve Price auctions, if your maximum bid exceeds or meets the Reserve Price, we automatically increase your bid to meet the Reserve Price, and bidding will continue from there. In addition, bids up to the Reserve Price may be placed by the Company on behalf of the seller up to where the next bid in succession would hit the Reserve Price.
All Lots in the daily auction start at $1 with no Reserve Price.
We reserve the right to cancel an auction at any time for any reason.
Pristine Auction charges a flat consignment fee of 15% with a minimum commission of $5 per Lot. In some cases, lower consignment fees are available. When sending in Lots for consignment, please include your contact information as well as an itemized list of the Lots to ensure they are processed as quickly and accurately as possible.
Any unsold Lot will be placed into a future auction or returned to the consignor at the discretion of Pristine Auction. All Lots will be live for the duration of the auction and will be sold to the highest bidder unless a reserve is not met. All reserve prices must be pre-approved by Pristine Auction prior to the auction going live. We will not consider the request of reserves below $100. While we will do our best to accommodate reserves, reserves should be considered a request and not a guaranteed service. It is the responsibility of each consignor to ensure agreed upon reserves have been added to each auction as desired. A consignor can view past, active and future consigned lots through the consignment dashboard. The consignment dashboard can be accessed by logging in and selecting the 'consignment' link from the menu in the upper right corner of the website. Pristine Auction will not be held financially responsible for missing reserves.
It is the responsibility of the consignor to ensure any adjustment requests for auction Lots be submitted in a timely manner, preferably prior to the Lot going live. This includes but is not limited to requests regarding adjustments to reserves, titles, descriptions, photos, auction end date and/or auction type (such as daily and weekly). We will do our best to accommodate these requests within the guidelines of our policies and processes.
In consideration of our involved costs, we generally do not allow consigned items to be pulled from the auction. Pristine Auction may accommodate a request to pull an auction Lot under certain circumstances. Any pulled Lot will be subject to a $20 fee.
Pristine Auction values authenticity and recognizes the importance of ensuring all autographed memorabilia being offered has been authenticated by an industry leading authenticator. Authenticators are only added to our approved list following careful review. To be considered, an authenticator must pass our extensive integrity test and must provide a verifiable and professional hologram and/or COA with each item. Please note that no authenticator has guaranteed acceptance. Pristine Auction, at our sole discretion, may require further authentication on an item, regardless of the authentication already included with the item.
The following list of approved authenticators may not be all inclusive and is subject to change without notice.
- Beckett Authentication Services
- LOJO Sports
- Mounted Memories
- Official Player Holograms
- Radtke Sports
- Schwartz Sports
- Sports Integrity
- Stacks of Plaques
- Steiner Sports
In the event we require additional authentication, Lots will be authenticated in-house by JSA, our exclusive third party authenticator. JSA is in our office regularly to authenticate Lots at discounted rates. Authentication fees start at $8 per Lot (not to exceed $150 per Lot). Pristine Auction will pay the authentication fee(s) initially and deduct the amount from the consignor’s account. There will be no authentication fee for Lots that do not pass the authentication process, and these Lots will be returned to the consignor. The consignor is responsible for the return shipping cost.
Display cases and frames are used or discarded at the discretion of the Company. Our preference is that, whenever possible, Lots are sent without display cases or frames. If a Lot is sent with a display case or frame that the Company removes, Pristine Auction does not guarantee the display case or frame will be returned with the Lot in the event the Lot is returned to the consignor.
Any disputes, controversies or claims arising out of or relating to these Terms and Conditions, the auction of a Lot, or the breach thereof which cannot be settled between bidder and the Company shall be decided by a single independent arbitrator. Such single independent arbitrator shall be jointly chosen by bidder and the Company. The parties shall name the arbitrator within thirty (30) days after one or the other has given notice to the other requesting arbitration. If bidder and the Company are unable to agree upon a single independent arbitrator, either party may apply to the Maricopa County Superior Court for appointment of a single arbitrator pursuant to Arizona Revised Statutes §12-1503 (or any applicable successor statute). The award made by the single arbitrator shall be final and binding, and judgment may be entered in any court having jurisdiction thereof. The cost of the arbitration procedure shall be borne by the losing party, or, if the decision is not clearly in favor of one party or the other, the costs shall be borne as determined by such arbitration proceeding. At the request of either party, arbitration proceedings shall be conducted in the utmost secrecy. In such case, all documents, testimony and records shall be received, heard and maintained by the arbitrator in secrecy, available for inspection only by a party and by their respective attorneys and experts who shall agree, in advance and in writing, to receive all such information in secrecy. In all other respects, the arbitrators shall conduct all proceedings pursuant to the Uniform Arbitration Act as adopted and then in force in the State of Arizona as presently set forth in Arizona Revised Statutes §12-1501 et seq (or any applicable successor statutes). BIDDER HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY REGARDING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS.
Each party to these Terms and Conditions agrees to indemnify each other party and hold it harmless from and against all claims, damages, costs and expenses (including attorneys' fees) attributable, directly or indirectly, to the breach by such indemnifying party of any obligation hereunder or the inaccuracy of any representation or warranty made by such indemnifying party herein or in any instrument delivered pursuant hereto or in connection with the transactions contemplated hereby.
These Terms and Conditions shall be deemed to be made under and shall be construed in accordance with and shall be governed by the laws of the State of Arizona and (subject to any provision providing for mandatory arbitration) suit to enforce any provision of these Terms and Conditions or to obtain any remedy with respect hereto may be brought in Superior Court, Maricopa County, Arizona, and for this purpose each party hereby expressly and irrevocably consents to the jurisdiction of said court.