Terms & Conditions
Changes to Terms & Conditions:
Be informed that Black Rock Galleries, LLC ("BRG") reserves the right to modify and amend the Agreement at any time in BRG's sole discretion by posting the modified and amended terms on the Site. Except as otherwise and specifically stated, all modified and amended terms will be immediately effective upon their posting on the Site.
You (the User) are responsible for regularly accessing and reviewing the Agreement since any applicable modifications and amendments may be posted without notice to you. You agree that BRG is not obligated to notify you at any time of any modifications or amendments to the Agreement. Your continued use of the Site after any BRG posting of modifications and amendments to the Agreement constitutes your acceptance of such Agreement changes. If you do not accept any modifications and amendments to the Agreement, do not continue to access the Site and use its services and features.
Use of the Site's services and features are strictly limited to those who are at least 18 years old in age and can form legally binding contracts under applicable law. Further, services and features of the Site are not available to temporarily or indefinitely suspended Site members. If you do not meet these requirements, do not use the Site's services and features.
1. USE OF SITE
2. MEMBERSHIP ELIGIBILITY
The Site is available to members who are 18 years and older and who have not been suspended or removed by BRG for any reason. By becoming a member you represent that you are of legal age. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site’s registration forms. In addition, as a member, you agree and acknowledge that you will maintain valid credit card info within your membership profile so long as you maintain an account with BRG.
Note: Upon registration, you will see a $1 validation to the card. It is not a charge, but only a validation to verify that the card is real/legitimate. The validation should drop from your account after several days, depending on your credit card.
3. BUYER’S CONTRACT
Bids placed on the BRG website are a binding contract. You are responsible for paying all amounts due to BRG within one business day of the close of the sale. Do not bid if you are unable to pay and take possession of the items in the specified time periods for each auction, sale or event.
4. ITEM DESCRIPTIONS
All items are sold as-is, where-is. While BRG will do its best to list any damage, repairs or restorations, the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition.
Most of the items BRG sells are antique, vintage or used and should not be considered "new" unless specified as such. The user should expect signs of wear consistent with age.
BRG may offer preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing bids, but is not required to do so.
Condition reports may be available upon request. ANY CONDITION STATEMENT IS GIVEN AS A COURTESY TO THE USER. It is only a subjective, qualified opinion genuinely held by BRG and should not be treated as a statement of fact. It is to be used for guidance purposes only. BRG shall have no responsibility for any error or omission.
Absence of previews and/or condition reports does not imply that the lot is in perfect condition. It is the sole responsibility of the user to make condition inquiries prior to bidding as part of their due diligence.
PHOTOS ARE PART OF THE DESCRIPTION AND CONDITION REPORT. It is the responsibility of the user to inspect the photos as part of their due diligence.
Any condition statement is given as a courtesy to a client. It is only a subjective, qualified opinion genuinely held by BRG and should not be treated as a statement of fact. It is to be used for guidance purposes only. BRG shall have no responsibility for any error or omission. BRG follows GIA standards for jewelry and all weights, measurements, color, and clarity are estimated and approximate.
BRG specializes in the sale of estate and pre-owned jewelry. All pieces are assumed to have minor signs of wear including, but not limited to superficial scratches and minor stone abrasions. These characteristics generally do not detract from the beauty of the piece and cannot be seen with the naked eye. It should be understood that all pieces fall into this condition category unless noted differently in the description.
BRG uses an auto-debit system for online auction payments. A valid and current credit card is required to be “on file” for all registered users to place a bid. By providing your credit card information to BRG, you authorize BRG to charge your credit card for all auction invoices, including buyers premium, any applicable shipping/transportation/delivery fees and applicable taxes. All site users must agree to this payment format in order to continue using this site and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with BRG.
BRG will extend a grace period until 2 p.m. Eastern Time on the day following the sale to successfully complete payment should a charge be declined by the user's bank due to a zip code mismatch, expired card, or other reason. As a courtesy, BRG may attempt to reach you via telephone, email or text to alert you if you have an outstanding invoice. However, it is the user's sole responsibility to check the status of their account and/or any invoices (through the user's online dashboard). All the bidders invoices, bid history, and account information may be found on their dashboard.
6. BUYER’S PREMIUM
Buyer's premiums vary by sale. The buyer’s premium (typically between 18% and 25%) will be added to the hammer price in all online only auctions. BRG reserves the right to adjust the buyer's premium on any auction as its sold discretion.
Buyer's premium will be clearly noted on the Auction Details & Pick-up Info button page which appears on the item details pages for each auction.
Live auctions buyer's premiums will vary and may be higher than the basic 18%.
You agree to pay the buyer's premium when you place a bid with BRG.
7. SALES TAX
All sales are subject to appropriate sales tax laws.
Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt and acceptance of such information by BRG, your future purchases will not be taxed. Tax resale forms can be submitted in your membership profile. Your profile name and account address must be the same as your resale certificate.
8. RETENTION OF CREDIT CARD INFORMATION
By providing your credit card information to BRG, you authorize BRG to auto debit/charge your credit/debit card on file for the purchase amount of any successful bid(s) or purchase(s) plus any applicable taxes, shipping/delivery/transportation costs and handling/storage fees.
IN THE EVENT THAT YOU FAIL TO PICK-UP AND/OR PAY FOR YOUR ITEMS IN ACCORDANCE WITH THE BRG TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE BRG TO CHARGE YOUR CREDIT/DEBIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM/S PLUS ANY AND ALL TAXES, TRANSPORT / SHIPPING / DELIVERY FEES / COSTS AND HANDLING / STORAGE FEES / COSTS.
9. TRANSPORTS, SHIPPING, DELIVERY & PICK-UP
Successful buyers must pick up their items at the designated sale location within the assigned time frame as stated in the sale details page. BRG generally does not provide shipping nor packing services. See “Shipping/Transportation Options” below for exceptions (coins, jewelry and smalls) and warehouse-to-warehouse transportation between BRG locations. All other shipping services must be arranged by winning bidder at winning bidder's expense through a third-party provider of their choice.
If after winning an item you determine you are unable to pick up your items during the scheduled removal times and dates, you must contact BRG within 24 hours prior of the pick-up date and we will determine if alternate arrangements may be made. Alternate arrangements will be at the sole discretion of BRG and will be subject to transport and/or storage fees which will be payable upon retrieval of your items or billed monthly at the sole discretion of BRG.
Items which must be transported back to the BRG warehouse from a remote location are subject to a minimum handling fee of $5 per item or lot. BRG, at its sole discretion will charge $5 to $500 per item or lot depending on the size, weight, fragility, packing materials and labor involved to transport the property. You agree that BRG may charge a higher handling fee for certain items which are difficult to transport, at the sole discretion of BRG.
Items which are stored at the BRG warehouse beyond the scheduled pick up dates and times will be subject to a minimum storage fee of $10 per item per day.
BRG provides additional information on its Shipping information page.
A. USPS Priority Mail: BRG will pack coins, jewelry, and smalls (objects up to 12” in its largest dimension, excluding all art) for shipping via USPS Flat Rate Priority Mail to winning bidders. Allowances may be required for additional packing, at the sole discretion of BRG. Additional shipping fees will be applied to invoices if this service is chosen. Because BRG is not in the shipping business, bidders agree to allow up to two weeks for BRG to process USPS shipping request. BRG will only ship coins, jewelry and smalls at the winning bidders request, which is made before/during the bidding process. It is the sole responsibility of the winning bidder to select the USPS shipping option. BRG is not responsible for shipping delays due to incomplete bidder addresses or profiles. Users are responsible to pay for appropriate insurance through USPS. BRG is not responsible for shipping delays due to USPS operations, nor damage or loss of package caused by USPS.
B. Transportation: BRG offers warehouse-to-warehouse transportation of lots from one BRG sale location to another BRG warehouse for convenient pick-up. NOTE: THIS IS NOT A SHIPPING SERVICE WHERE ITEMS ARE DELIVERED TO HOMES/BUSINESSES. Bidders may choose to have lots transported (for an additional fee, per lot) between BRG’s Bridgeport, Greenwich, Boston, Raleigh* and Southport warehouses. You agree to choose your preferred pick-up location at the time of bidding. You further agree to adhere to designated pick-up dates/times for that specific BRG location. Dates and times for pick-ups are clearly listed on the auction landing pages. BRG transportation fees are NON-REFUNDABLE and NON-CHANGEABLE after the auction begins to close.
*There are no transports between BRG’s Apex and Cary warehouses due to space and staffing constraints. Please do not ask staff to make exceptions.
C. Third-Party Shipping Agencies: You are free to choose a third-party shipping agency to handle the pick-up, packing, and shipping of your item(s). BRG provides a listing of trusted agencies on the Shipping page of their website. This listing is provided as a courtesy and you may select any provider outside of this list. If using a third party agency, you agree to notify BRG in writing (via email) within 24 hours of the auction closing, giving BRG permission to release your item(s) to the third-party of your choosing.
You agree to choose your preferred pick-up location at the time of bidding. You further agree to adhere to designated pick-up dates/times for that specific BRG location. Dates and times for pick-ups are clearly listed on the auction landing pages. BRG transportation fees are NON-REFUNDABLE and NON-CHANGEABLE after the auction begins to close.
Once an auction begins to close, bidders are not permitted to change their selected pick-up location for that sale. BRG staff cannot accept post-auction change requests for: warehouse-to-warehouse transports; pick-up locations; USPS shipping / mailing options; and/or UPS coordinations. Prior to bidding in any auction, it is your sole responsibility to double check your availability for scheduled pick-up times and transport selections. If choosing a third-party shipping agency, it is your sole responsibility to perform due diligence in researching shipping costs prior to placing any bids and to then bid accordingly.
Because of space limitations at BRG’s locations, items which are transported must be picked-up as scheduled, otherwise they are considered forfeit. Items cannot and will not be stored or held beyond designated pick-up dates. Transport fees will be added to your account and are charged on a per lot basis. Charges generally range from $5 to $100 per lot, depending on size, weight, fragility, etc., but may be higher depending on the item and variable costs associated with transporting goods (i.e., market fuel prices).
10. "ABANDONMENT" OR FORFEITURE OF ITEMS
IN THE EVENT (FOR ANY REASON) YOU FAIL TO PICK-UP OR PAY FOR THE LOT(S) WON IN AUCTION IN ACCORDANCE WITH THE SITE'S TERMS & CONDITIONS THE RESPECTIVE MERCHANDISE WILL BE CONSIDERED ABANDONED / FORFEIT BY YOU.
YOU AGREE THAT THE TITLE(S) WILL REVERT TO BRG WITHOUT ANY REFUND NOR RECOMPENSE TO YOU FOR ANY FORFEITED ITEM(S).
YOU EXPRESSLY AGREE THAT FAILURE TO RECEIVE ANY LOT(S) IN THE EVENT OF ABANDONMENT / FORFEITURE DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO PAY ANY AND ALL FEES OR EXPENSES, AND YOU SHALL BE RESPONSIBLE TO PAY BRG ALL ASSOCIATED TAXES, SHIPPING / TRANSPORTATION COSTS, INSURANCE, STORAGE AND HANDLING FEES, MOVING OR DISPOSAL CHARGES, AND COLLECTIONS AND LEGAL FEES INCURRED PRIOR TO AND AS A RESULT OF SUCH ABANDONMENT / FORFEITURE.
YOU AGREE THAT BRG MAY AT ITS ABSOLUTE AND SOLE DISCRETION, RESELL, DISPOSE, OR DONATE TO A CHARITY OF ITS CHOOSING THE ABANDONED / FORFEITED ITEM(S).
YOU AGREE THAT BRG RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING OR DISPOSAL CHARGES ASSOCIATED WITH THE ABANDONED / FORFEITED ITEM(S).
BRG reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your user membership, including bidding privileges, with BRG will be revoked unless past due invoices and any additional charges/fees are paid in full and all auction winnings are picked-up within the designated pick-up dates and times. By bidding on the site, you fully agree to these terms.
11. PROHIBITED USE
A NOTE ABOUT EXTENDED BIDDING ("SOFT CLOSE"):
BRG online auctions feature extended bidding (a.k.a. "soft close"). It is the closest way to mimic the actions of an auctioneer (in a live auction) in an online/automated format. During a live auction, the auctioneer gives bidders opportunities to increase their bids before hammering the winning bid (when there is no further interest in the lot). Our online, automated system will automatically extend the closing time of a lot (auction item) whenever a bid is placed within the last five minutes of its scheduled closing to allow other interested bidders an opportunity to increase their bid (if they wish to do so). This may occur multiple times on any given lot depending on bidder interest. Once all interest and bidding in a lot ceases the clock will run out and the lot will close.
A NOTE ABOUT BIDDING INCREMENTS:
What is a bidding increment?
Bidding increments refer to the minimum amount an auction bid must be raised during bidding. For example: If an item is currently at a high bid of $20 and the bidding had been going in $1 increments ($17, $18, $19, etc.) the new increment will jump to $2 per bid ($22, $24, $26, etc.), as indicated by BRG's bidding increments. BRG follows the following bid increments:
If the bid is between:
Then the increment is:
$1 - $20
$20 - $60
$60 - $200
$200 - $500
$500 - $1,000
$1,000 - $2,500
$2,500 - $5,000
$5,000 - $10,000
$10,000 - $25,000
$25,000 - $60,000
$60,000 - $120,000
$120,000 - $200,000
$200,000 - $350,000
$350,000 - $9,999,999