PHENOMENAL COLLECTION OF TREASURES

1. USE OF SITE You may use the Site only in accordance with and subject to Live Auctioneers and Black Hawk Estate Sales Terms of Use. Once you complete and submit your registration you have opted-in to receive email communication from us and we will honor our agreement until you tell us otherwise. You must also authorize Black Hawk Estate Sales to charge the credit or debit card you have entered for the hammer price of an item which you were the high bidder plus the buyer's premium and all applicable sales taxes and shipping fees. Your card will be charged within 24 hours of auction end. To initiate your ability to bid with Black Hawk Estate Sales, an itinital pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days. You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline. 2. MEMBERSHIP ELIGIBILITY Live Auctioneers is available to members who are 18 years and older and who have not been suspended or removed by Black Hawk Estate Sales for any reason. By becoming a member you represent that you are of legal age. As a member, you agree to provide true and 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 BHES. 3. BUYER?S CONTRACT Bids placed on the BHES website are a binding contract and you are responsible for paying all amounts due to BLACK HAWK including sale price, buyer's premium and all applicable taxes.. Please 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. All sales are final. No returns, credits or exchanges. 4. ITEM DESCRIPTIONS All items are sold as-is, where-is. While BHES 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 we sell are antique, vintage or used. You should expect signs of wear consistent with age. BHES does our absolute best to measure the items properly but can not be held liable for fractions of inches measurements. We measures all art work with the frame as part of the measurement. For the most part BHES does not offer preview inspections so please study the photos and inspect them thoughouly before placing your bids. Feel free to email the auction manager as well as to the condition of items as they may have more details about the item. Conditions vary from item to item and BHES does not offer a condition report as condition is a subjective view and varies from buyer to buyer. All sales are final. No returns, credits or exchanges. 5. BUYER?S PREMIUM A buyer?s premium of 25% will be added to the hammer price in all auctions and will be charged along with the hammer prices and applicable sales tax to the credit or debit card you have on file with our company within 24 hours of the auction end. 6. 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 of such information by BHES, your future purchases will not be taxed. Tax resale forms can be submitted in your membership profile. Please submit your tax form upon registering and before placing a bid. Your profile name and address must be the same as your resale certificate. 7. RETENTION OF CREDIT CARD INFORMATION By providing your credit card information to BHES, you authorize us to charge your credit card for the purchase amount of any successful bid plus the buyer's premium and any applicable taxes. Your card will be charged within 24 hours of auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated. To initiate your ability to bid with Black Hawk Estate Sales, an initial pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days. You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline. 8. 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. A $25.00 per lot disposal fee will be charged for any items left behind by the winning bidder. We will try our absolute best and promise to utilize any means necessary to try and accomodate your needs. Please respect our time frame and call if you decide you must pick up at an alternate time and place. ALL REQUESTS WILL BE CONSIDERED. 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 BHES within 24 hours prior of the pick-up date and we will determine if alternate arrangements can be made. These arrangements will be at the sole discretion of BHES and will be subject to transport, labor and/or storage fees. If an alternative method can not be arranged, BHES has the right to cancel the sale and retain the Item for resale, along with monies paid in. BHES does offer shipping as previously mentioned and you will be responsible for the packing and shipping/handling fees. BHES will not be held liable for any damage or delays in shipping. 9. FORFEITURE OF ITEMS You agree that you will forfeit any items not paid for or picked up at the time of designated pickup in accordance with the Site?s Terms & Conditions. BHES, at its sole discretion will reoffer the items or donate them to a charity of our choosing. BHES 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 membership with BHES will unfortunately be revoked unless past due invoices and any additional charges are paid in full. 10. AS IS - WHERE IS All items and lots are sold on an 'AS-IS', 'WHERE IS' and 'WITH ALL FAULTS' basis 'WITHOUT EXCEPTION' with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Black Hawk Estate Sales and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer's sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by Black Hawk Estate Sale, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not, and therefore remise, release, acquit, quit claim and forever discharge the Sellers,Black Hawk Estate Sales from any and all claims now and in the future. All Buyers are urged to physically inspect the item during the pick up period and before leaving the premises. All sales are final however. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions cannot be amended, and descriptions given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Black Hawk Estate Sales or Seller for any errors or omissions. 11. PROHIBITED USE You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Site. All photographs and descriptions on this site are the property of Black Hawk Estate Sales and any use not expressly consented for by BHES will be subject ot intellectual property rights violations and prosecuted to the fullest extent of the law. 12. CANCELATION OF ITEMS FOR SALE Black Hawk Estate Sales reserves the right to cancel, delete or modify any purchase, item or auction for any reason and at any time with no prior notifacation. This applies to all sales, past, present and future.