The GCVoluteAuction is open to all those interested in bidding on Volutidae specimens from the noted Greg Curry Volute collection. All bidders must be registered to participate. Bidder registration information is private and secure.
The specimen Volute shells offered for auction are pictured and completely described for size, condition, locality and other pertinent data about the shell. Please read and research all information before placing a bid. All bids are final.
As a registered bidder you are accepting the following:
I HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION.
I HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
I FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL SHELLS FOR WHICH I AM THE HIGHEST BIDDER.
Bidding on Items You must be a registered user to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges for which you will be billed. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item, and to deliver payment within the time period specified (48 hours from auction closing). If you cannot pay please don’t bid. Your bids are final and non-retractable. We will not accept e-mail or telephone bids.
Bidder Registration
All persons who wish to bid in the auction or want to purchase must register by creating an online account. To register, the Bidder must provide all of the registration information requested. By creating an account you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older. GCVoluteAuction reserves the right to refuse to register or admit any person at its sole discretion or to delete your account if you are in arrears of a previous auction payment. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Your registration will be accepted but your information will be verified and your account may be disabled until the necessary information is provided to verify the account.
Starting Bid
GCVoluteAuction will predetermine the number of shell specimens in an auction. GCVoluteAuction will set the starting bid on each item. The Starting Bid is designed to encourage bidding. If an item is incorrectly described online, GCVoluteAuction reserves the right to rectify such error and email to all active bidders the correct description.
Reserve Bidding
All Lots are being sold with a “reserve,” a price below which the Lot will not be sold. Any bid submitted below the reserve price will not result in the purchase of a Lot. Reserves may be decreased or removed at any time.
Reserve Auctions
Unless explicitly stated otherwise by GCVoluteAuction, each Lot is being sold with reserve as a reserve auction. These terms are applicable to all reserve auctions. GCVoluteAuction maintains the right to withdraw any property before and during the sale of such property. The reserve price may not be disclosed. All bids are raised based on the value of the shell being offered in increments to be determined by GCVoluteAuction, at its sole and complete discretion, may reject a nominal bid advance.
Bidder Rights
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. If you have any questions, please contact GCVoluteAuction immediately.
Disputes Between Bidders
In case of any dispute between bidders, GCVoluteAuction, at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by GCVoluteAuction between the two highest bidders only, until the property is sold. If a dispute arises after the sale of any lot, GCVoluteAuction’s records shall be deemed conclusive in all respects.
Internet Bidding
(A) Buyer acknowledges that GCVoluteAuction does not have any responsibility or liability for the website used for Internet bidding. Seller acknowledges that the GCVoluteAuction may not have any control over the website and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, GCVoluteAuction shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of GCVoluteAuction.
(B) The website is administered by GCVoluteAuction from its offices in the United States of America. If you access the website or register a bidder account from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.
(C) GCVoluteAuction reserves the right to deny any person for any reason permission or access to bid online.
(D) Winning bidders will be notified via email at the auction close.
GCVoluteAuction disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. GCVoluteAuction is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. GCVoluteAuction reserves the right to request a deposit at any time for what GCVoluteAuction considers excess bidding to continue to bid in a specified auction. The sale is complete when GCVoluteAuction so announces.
Time of the Auction
An auction starts and will close on the dates specified on the auction item’s detail page. However, GCVoluteAuction follows what is sometimes referred to as a 15-minute Overtime rule; in this case, a 3-minute overtime rule. This rule means that the auction can continue for an additional three (3) minutes for verified bidders that have bid on any particular lot prior to the close of bidding. The auction has ended when GCVoluteAuction’s website indicates the auction is closed.
Stop Payment/Insufficient Funds
Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
Sale by Lots
GCVoluteAuction reserves the right to include in the auction any Lot and the right to withdraw any Lot prior to posting for bids at the beginning of the auction. GCVoluteAuction may combine, subdivide, regroup or reorganize any Lots.
Authentication
Each Lot is offered with the data provided at the time it was purchased by Mr. Curry. The buyer should not bid on a Lot if he or she is uncomfortable with the information or data provided on this auction site. We will issue refunds on items, under certain conditions that have been legally found to be fraudulent, or unauthentic.
We are here to offer Customer Service to bidding participants and returns will be accepted under certain conditions which will be determined by GCVoluteAuction.
Payment
Payment in full must be paid by the Bidder with a valid PayPal account or major credit card. If you have a question about whether a credit card is accepted please contact GCVoluteAuction before the bidding. GCVoluteAuction reserves the right to refuse credit card payments. Buyer shall pay the high bid price, shipping, and handling charges. If any Bidder does not pay GCVoluteAuction for any Item(s) within forty-eight (48) hours after the end of an Auction, GCVoluteAuction has the right to offer the item(s) to the second highest bidder for payment. If an Auction Lot does not have a second highest bidder, the item may be relisted for sale online or added to another auction lot in the future. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges. ALL European VAT taxes or import fees charged to International bidders outside the United States are the responsibility of the Bidder. Payments will appear on credit card or PayPal statements as being charged to "Worldwide Specimen Shells", the organizer of these auctions.
Acceptance of Terms
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
Breach of Contract
If this Agreement, or any terms and conditions announced by GCVoluteAuction, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, GCVoluteAuction may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. All GCVoluteAuction incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
Limitation of Liability
IN NO EVENT SHALL GCVoluteAuction BE LIABLE TO BIDDER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. GCVoluteAuction’s LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO GCVoluteAuction, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
Severability
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Interpretation
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
RETURN POLICY
All Auction items are sold in “as is” condition. A limited guarantee is offered with regards to the following: Size, origin, grade quality, rarity are as accurate as is known, but is not guaranteed for any specimen. All sales are final unless a gross error on description has been made. Any disputes must be made within seven (7) days of receiving the item. No returns will be accepted without a valid return authorization from GCVoluteAuction.
GCVoluteAuction will not refund above and beyond the original costs. Any additional charges incurred by the winning bidder, including return shipping, etc. will not be covered by any refund.
A 7 Day Refund Resolution Policy without exception except where exclusions apply.
List of Excluded Reasons
1. Varying or differing opinions from that of the item described and posted.
2. Shells not accepted or signed for upon postal delivery.
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