top of page

Buy  >  TERMS & CONDITIONS

TERMS & CONDITIONS

All property offered by Yakon Auctions is sold subject to the following Terms and Conditions. By registering and bidding in any auction conducted by Yakon Auctions, whether in person, by absentee bid, telephone, internet platform, or through an agent, the bidder agrees to be legally bound by these Terms.

 

By placing a bid, the bidder acknowledges that they have read, understood, and agreed to these Terms and Conditions. Your bid is a contract that is to be honored by both parties. DO NOT BID IF YOU DO NOT INTEND TO PURCHASE.

 

Yakon Auctions reserves the right to refuse service to anyone.

 

1. Registration

All bidders must register prior to bidding. Individual bidders must provide valid government-issued photo identification and proof of address if not shown on the identification. Corporate bidders must provide documentation verifying the legal existence of the entity. Yakon Auctions may require first-time or international bidders to provide a credit card authorization hold of up to $1,000 in order to obtain bidding approval. This authorization hold is not an actual charge and will normally be released within approximately 3-7 business days if the bidder does not win any lots. Yakon Auctions reserves the right to refuse registration, reject any bid, or revoke bidding privileges at its sole discretion.

 

2. Bidding

All property is sold to the highest bidder acknowledged by the auctioneer. The auctioneer may refuse any bid, withdraw any lot, reopen bidding, or resolve disputed bids at his or her sole discretion. The fall of the hammer constitutes acceptance of the highest bid and forms a legally binding contract between the buyer and Yakon Auctions acting as agent for the consignor. Yakon Auctions is not responsible for missed bids caused by internet delays, technical failures, or platform errors. Telephone and absentee bidders must provide a credit card and Yakon Auctions reserves the right to require a deposit of up to twenty percent (20%) of the estimated value for certain lots prior to bidding.

 

3. Buyer’s Premium

A buyer’s premium of twenty-eight percent (28%) will be added to the hammer price of each lot. Online bidding platforms such as LiveAuctioneers or Invaluable may charge additional service fees according to their own policies. Applicable sales tax will be added where required by law.

 

4. Condition, Authenticity, Attribution and Inspection

All property is sold "AS IS" and "WHERE IS," and all sales are final. Neither Yakon Auctions nor the consignor makes any warranty or representation, express or implied, regarding condition, authenticity, authorship, attribution, provenance, origin, age, period, culture, medium, size, quality, rarity, or historical importance.

All catalog descriptions, condition reports, photographs, statements, and oral or written communications made by Yakon Auctions are provided solely as opinions for identification and informational purposes and should not be relied upon as statements of fact or guarantees. Any reference to an artist, maker, dynasty, period, school, culture, region, or origin reflects the cataloger’s opinion based on information available at the time of cataloging.

Descriptions using terms such as “attributed to,” “in the style of,” “after,” “school of,” “circle of,” or similar language are expressions of opinion only and do not constitute a warranty or guarantee of authenticity, authorship, or exact age. Differences of scholarly opinion may exist, and subsequent research, scientific testing, or expert review may result in a different conclusion.

Buyers are strongly encouraged to inspect property in person during preview and to conduct their own independent research and due diligence before bidding. The absence of reference to defects, restoration, repairs, damage, or imperfections does not imply that a lot is free from faults. By placing a bid, the buyer acknowledges that they have had the opportunity to inspect the property and satisfy themselves as to the condition, description, and authenticity of the lot. Failure to inspect shall not constitute grounds for cancellation, refusal of payment, return of property, or any claim against Yakon Auctions..

 

5. Special Disclaimer for Asian and Chinese Works of Art

Due to the complex nature of authentication in Asian and Chinese works of art, including but not limited to Chinese paintings, calligraphy, coins, paper currency, stamps, seals, bronzes, sculptures, ceramics, and related objects, all catalog descriptions and attributions regarding artist, maker, dynasty, period, origin, or authenticity represent the opinion of the cataloger based on information available at the time of cataloging. Differences of scholarly opinion are common in this field, and Yakon Auctions does not guarantee authorship, age, origin, or authenticity of such works. By bidding, the buyer acknowledges that no return, refund, or rescission will be accepted based on authenticity disputes or later changes in scholarly opinion. All such property is sold as-is with no guarantees and no returns.

 

6. Payment

Yakon Auctions accepts payment by cash, personal checks, certified checks, bank wire transfers, PayPal, and credit cards, including Visa, MasterCard, American Express, and Discover. All payments must be made in United States Dollars (USD). A 3.5% processing fee applies to U.S. debit/credit card payments. A 4.5% transaction fee applies to all International card payments outside the United States. Domestic wire transfers incur a $30 bank processing fee, and international wire transfers incur a $50 bank processing fee.

 

7. Payment Deadline and Default

All payments must be received within seven (7) days after receipt of the invoice and no later than 5:00 PM on the seventh day. Invoices are normally issued within two (2) business days after the auction.

Failure by the buyer to make full payment within the required time period shall constitute a breach of contract.

If the buyer refuses to pay, fails to complete payment, or otherwise defaults on the purchase, the buyer shall be liable for liquidated damages equal to twenty percent (20%) of the hammer price, which the buyer agrees represents a reasonable estimate of damages resulting from such breach.

Yakon Auctions may retain any deposit or payment already received as part of such liquidated damages.

In addition to the 20% liquidated damages, Yakon Auctions reserves the right to cancel the sale, reoffer the property at public auction or private sale, and hold the defaulting buyer responsible for any deficiency, losses, administrative costs, fees, and reasonable legal expenses incurred as a result of the buyer’s failure to complete payment.

If payment remains unpaid after fourteen (14) days, Yakon Auctions may report the buyer to the bidding platform, pursue collection, or refer the account to legal counsel or a professional collection agency.

 

8. Title Transfer

Title to the property transfers to the buyer only after Yakon Auctions has received full and cleared payment of the purchase price and all applicable fees. Yakon Auctions reserves the right to retain possession of the merchandise until payment clears. Lots paid by check or draft will be released only after bank clearance.

 

9. Risk of Loss

Risk of loss or damage passes to the buyer immediately upon the fall of the hammer. Yakon Auctions is not responsible for any damage or loss occurring after the sale.

 

10. Shipping

Yakon Auctions may assist buyers with shipping arrangements as a courtesy. Shipping quotes will be provided only after full payment has been received. Due to the volume of items sold, preparation for shipment may take up to three (3) weeks after payment. Buyers are responsible for all packing, shipping, insurance, and handling costs.

 

11. Storage and Collection

All purchased property must be collected or shipping arrangements made within thirty (30) days after the auction. Items remaining after thirty days will incur a storage fee of $10 per day per item. If storage charges exceed the purchase price of the item Yakon Auctions reserves the right to reauction the property in order to recover costs.

 

12. Import and Export Regulations

Certain items may be subject to import or export regulations. It is the buyer’s sole responsibility to obtain all necessary permits or licenses. Failure or delay in obtaining such permits does not constitute grounds for cancellation of the sale or delay of payment.

 

13. Limitation of Liability

In no event shall the liability of Yakon Auctions to any buyer exceed the purchase price actually paid for the lot.

 

14. Copyright

Yakon Auctions retains all rights to photographs, catalog descriptions, and written materials relating to the property offered for sale. Such materials may not be reproduced without prior written consent.

 

15. Governing Law

These Terms and Conditions shall be governed by the laws of the State of Massachusetts. Any dispute arising from the auction shall be brought exclusively in the courts located within the State of Massachusetts.

 

16. Chargeback Protection

By bidding in the auction the buyer agrees not to initiate credit card chargebacks or payment disputes relating to condition, authenticity claims, shipping delays, or dissatisfaction with the purchased property. Any disputes must first be addressed directly with Yakon Auctions. Buyers initiating chargebacks without attempting resolution may be subject to legal action, recovery of administrative and legal costs, and permanent suspension from bidding.

 

17. Consignor Protection

Yakon Auctions acts solely as agent for the consignor. Any claims related to property purchased shall be limited to the amount paid for the lot. Buyers agree to indemnify and hold harmless Yakon Auctions, its employees, agents, and consignors from any claims or damages arising from the buyer’s breach of these Terms.

 

18. Online Bidding Disclaimer

Yakon Auctions may offer online bidding through third-party platforms including LiveAuctioneers and Invaluable. Yakon Auctions is not responsible for technical failures, internet interruptions, platform errors, or missed bids resulting from the use of these services.

 

19. Amendments

Yakon Auctions reserves the right to amend or modify these Terms and Conditions at any time.

NEW LOGO.png

Join our mailing list

HOW TO

Bidding FAQs

©2021 by YAKON AUCTIONS. All Rights Reserved.

bottom of page