Terms and Conditions

The merchandise listed in any Through The Vine Auctions, LLC auction is offered under the specific terms stated below. In addition, an auction may also have set terms that apply solely to that individual auction. Such terms shall be posted in the “Auction Details” section of that auction. By registering to bid in a Through The Vine Auctions, LLC auction, you (the bidder) hereby affirm to have read, understood and consented to the following Terms and Conditions. Please feel free to contact the Through The Vine Auctions, LLC office with any questions you may have regarding these terms prior to bidding.

ELIGIBILTY

-Must be 18 years of age or older to bid in any Through The Vine Auctions, LLC auction.

BUYER’S PREMIUM AND SALES TAX

-A 10% Buyer’s Premium, along with the appropriate sales tax (as determined by auction location) will be added to the highest bid to arrive at the total purchase price.

-All buyers will be required to pay sales tax unless the office of Through The Vine Auctions, LLC has been provided with a copy of your sales tax exemption certificate prior to the auction ending. If a copy of the bidder’s sales tax exemption certificate is not received before the close of the auction, the exemption will not be applied until the following auction. (To submit a copy of your sales tax exemption certificate please email a copy to info@throughthevineauctions.com with the subject line: Tax Exemption.)

SOFT CLOSE AND STAGGERED ENDING

-All Through The Vine Auctions, LLC auctions feature a soft close with staggered ending times.

-A “softclose” allows an online auction to emulate the excitement of a live auction by enabling bidders to engage in rapid last-minute bidding. When an item offered at auction receives a bid within the final two (2) minutes of the scheduled end time, that item will have its end time extended by an additional two (2) minutes. This process will continue with each new bid until the time runs out.

-A softclose will apply to each individual lot separately and not to the entire auction as a whole.

-The ending time for the lots in an auction will be staggered in groups of ten (10) lots. This process allows the bidder to more easily keep watch on various items of interest.

MAX BIDDING

-A max bid, simply put, is a bid that exceeds the asking bid. When a bidder places a max bid on an item, he/she is in essence is allowing the computer to place bids on his/her behalf with a set maximum limit. The computer will place a bid at the current asking bid and only raise the bidder’s bid when another bidder places a bid.

SERVER AND SOFTWARE TECHNICAL ISSUES

-In the event of any technical issues that may arise, Through The Vine Auctions, LLC reserves the right to extend the ending time or postpone the auction entirely until such time these issues can be resolved.

AGENCY

-Through The Vine Auctions, LLC and its staff are working solely as agents of the seller/consignor/client. Upon signing of an auction contract, Through The Vine Auctions, LLC has a legally binding fiduciary duty to operate in the best interest of the seller/consignor/client.

BUY BACKS AND RESERVES:

-Sellers/Consignors/Clients are contractually prohibited from placing bids on the items he/she is selling at auction with Through The Vine Auctions, LLC.

-A seller/consignor/client may request a reserve (minimal acceptable bid) be placed on items being sold at auction with Through The Vine Auctions, LLC. However, both the seller/consignor/client and the auctioneer must agree upon an appropriate reserve price before listing such an item. In the event that the reserve is not met at auction, the seller/consignor/client agrees to pay a 10% commission of the reserve price to Through The Vine Auctions, LLC. Should a reserve be placed on an item at auction, that item will be marked as having a reserve on the website and bidders will receive notification when the reserve has been met. Through The Vine Auctions, LLC nor its auctioneers will divulge the set reserve price prior to that price being met by a bidder. Through The Vine Auctions, LLC nor its staff will place bids on a reserve item in an attempt to push the bid to its reserve. Although this practice is technically legal, Through The Vine Auctions, LLC seeks to be above reproach in its business practices.

DISCLAIMER

-The Auctioneers and auction staff at Through The Vine Auctions, LLC reserve the right to participate in an auction by bidding on items of interest for himself/herself. No bids will be place by Auctioneers or staff for the purpose of artificially run up the sale price of the items offered at auction. If he/she bids on an item, it is to personally purchase the item. If a bidder/buyer suspects foul play please notify Andrew Heard, the owner of Through The Vine Auctions, LLC, directly. A complaint will be filed and investigated. If evidence of bid tampering or foul play is discovered, appropriate actions will be taken.

FIREARMS

-Must be 18 years of age or older to purchase rifles/shotguns.

-Must be 21 years of age or older to purchase handguns.

-Buyers must abide by all local, state and federal laws that apply to any firearm purchase.

-An FFL chosen by Through The Vine Auctions, LLC will preside over all firearms sales.

-All buyers will be required to fill out any appropriate paperwork set forth by the designated FFL and pass an FBI background check before possession of the firearm will be relinquished to the buyer.

-A 20% (of the total purchase price) restocking fee will be charged to the buyer should he/she be unable to take possession of the firearm for any reason.

-Firearms purchased by an out of state bidder must be transferred from the designated local FFL to an FFL of the buyer’s choice in his/her state. A shipping and handling fee will be assessed to the buyer. All appropriate paperwork as well as the FBI background check will be administered by the receiving FFL. The buyer’s chosen FFL must send a copy of his/her FFL along with the name of the buyer to info@throughthevineauctions.com before shipping of the firearm can take place.

TITLES

-A signed title (when applicable) and bill of sale will be given to the buyer only once the purchase invoice has been paid in full.

-The buyer will be responsible for paying all taxes and required fees at his/her local county clerk’s office.

BIDDER INFORMATION

-Please ensure that all contact, billing, and shipping information provided during registration is accurate and up to date.

GUARANTY

-When placing a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he/she personally guarantees payment to Through The Vine Auctions, LLC for the unpaid balance, for any reason.

-This bidder will also be liable for any and all legal expenses as well as reasonable attorney’s fees incurred by Through The Vine Auctions, LLC in an attempt to collect payment.

INSPECTION AND BIDDING

-All bids are final and cannot be changed or retracted. It is the bidder’s responsibility to confirm a bid prior to submitting that bid.

-Through The Vine Auctions, LLC and its auctioneers reserve the right to refuse/reject any bids deemed suspect for any reason at the discretion of the auctioneer.

-All sales are final, and all items are sold as is without warranty. Through The Vine Auctions, LLC, in good faith, have strived to accurately describe the items to be sold at auction and take photos that clearly detail the quality of these items. However, Through The Vine Auctions, LLC, its auctioneers and their clients are not responsible for any missing or incorrect listing information.

-A preview/inspection date will be scheduled for each Through The Vine Auctions, LLC auction. The location and scheduled timeframe for this inspection period will be posted in the “Auction Details” section of the corresponding auction. It is solely the responsibility of the bidder to inspect each item and determine the actual condition of the items offered at auction prior to placing a bid. Failure to attend the prescheduled inspection period is in no way an excuse to dispute auction purchases and is done so solely by the informed choice of the bidder.

INVOICING AND PAYMENT

-Following the close of an auction, an invoice with the bidder’s total purchase price will be emailed to the email address provided during registration. If a bidder does not receive an email (check the spam folder), please notify Through The Vine Auctions, LLC via email at info@throughthevineauctions.com.

-Although required during the registration process, credit/debit cards will not be charged unless that is the preferred payment method of the bidder.

-Payments may be made in the form of cash, check or credit/debit card.

-An additional 4% fee will be applied to the invoices of anyone paying by credit/debit card.

-All out of state bidder invoices will be charged via the on-file credit/debit card.

-A more secure form of payment may be required of the buyer by Through The Vine Auctions, LLC for the purchase of assets of a higher value.

– After the scheduled pickup time frame has elapsed, any remaining unpaid invoices will have the bidder’s card on file charged. If a bidder’s card on file is declined at this time, the bidder will be blacklisted (banned) from participating in any future auction.

PICKUP, LOADING AND REMOVAL

-Prescheduled pickup dates and times will be posted in the “Auction Details” section of an auction at the time bidding for that auction opens. It is the bidder’s responsibility to know these dates and to appropriately arrange their schedule to accommodate this time frame.

-Should the bidder be unable to pick up during the scheduled time frame it is his/her obligation to arrange for others to pick up on his/her behalf.

-If someone other than the named bidder on the invoice is to pick up purchased items, please contact the Through The Vine Auctions, LLC office to inform the staff that it is acceptable to release the purchased items to this person prior to him/her arriving at the pickup location.

-An invoice must be paid in full before any items may be removed from the pickup location.

-It is the buyer’s responsibility to bring all necessary packing, moving, loading and rigging equipment to the scheduled pickup location. No boxes, wrapping materials or hand trucks will be made available at pickup.

-Buyers must bring assistance to help move and load purchased items.

-Auction staff will be present at pickup to ensure a safe environment.

-Auction staff will not be required to help pack, move or load items for the buyers but may do so upon request of the buyer, if he/she chooses to do so. However, Through The Vine Auctions, LLC and its staff are not liable for any broken or damaged items. In addition, Through The Vine Auctions, LLC nor its staff are responsible for any injuries acquired during the moving, loading or transporting of purchased items.

-Failure to remove items from the pickup location in the allotted time frame, regardless of payment status, will result in the forfeiture of purchased items and possible blacklisting (banning) from future auctions.

SHIPPING

-Through The Vine Auctions, LLC offers an in-house shipping service through Shipping Saint.

-All bidders will receive a text message following the close of an auction with the option to either pickup in person or have his/her items shipped. Any bidder that requests to have his/her purchased items shipped will then be prompted to confirm his/her shipping address.

-Bidders will receive a separate shipping invoice within three (3) to five (5) business days of the auctions close. This invoice will include the cost of packing materials, labor, insurance and shipping.

-A shipping invoice must be paid in full before items will be shipped.

-If a bidder refuses to make payment after receiving his/her shipping invoice, Through The Vine Auctions, LLC will not issue any form of a refund for the purchased items.

-If a local bidder chooses to have his/her purchased items shipped, then later changes his/her mind and wants to pickup, he/she will be invoiced and charged for any applicable fees (transport fee, packaging materials, etc…).

TRANSPORT AND STORAGE FEES

-In the event of a bidder being unable either to pick up or arrange the pickup of the items purchased at an offsite auction, he/she may request that the auction staff transport purchased items back to the Through The Vine Auctions, LLC facility. Agreement of such requests will be dependent upon the availability of the space required to transport the items. Any items that require shipping will be given priority. Should transport be possible, a transport fee will be added to the bidder’s invoice, and payment will be required before the purchased items will be released. The transport fee may vary depending on the size, weight and difficulty involved in accommodating the request, but will be a minimum of $25.00.

-No furniture or large items will be transported by Through The Vine Auctions, LLC.

-Through The Vine Auctions, LLC nor its staff will be held responsible for any damages made to purchased items during the loading, transport and/or unloading of the items to/at the auction facility.

-A storage fee of $10.00 per business day will be added to the invoice of any bidder that fails to pick up during the scheduled pickup time frame.

-Refusal to pay a transport or storage invoice will result in the forfeiture of the items purchased regardless of the payment status of the auction invoice.

DISPUTES AND LEGAL ACTIONS

-Any disputes, whether brought forth by Through The Vine Auctions, LLC or the buyer, will be tried in a court of jurisdiction in Giles County, Tennessee.