MAISON DE LUXE LLC TERMS & CONDITIONS 2022 The following, as amended by any posted notices or announcements prior to, during the sale, and after the sale has concluded, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by Maison de Luxe, LLC. BY REGISTERING TO BID, YOU AGREE TO ALL TERMS & CONDITIONS POSTED BY MAISON DE LUXE, LLC. BY REGISTERING YOU ARE OPTING IN TO OUR EMAIL AND TEXT MESSAGING MAILING LIST. STANDARD RATES MAY APPLY. PLEASE ENSURE THAT WE DON'T GET SENT TO YOUR SPAM FOLDER! PLEASE READ THIS ENTIRE AGREEMENT THOROUGHLY. TERMS AND CONDITIONS OF SALE 1. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES- NO EXCEPTIONS. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. Maison de Luxe, LLC believes to the best of its knowledge that the information provided in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in NO WAY be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Maison de Luxe, LLC aims highly to catalog every lot correctly and will attempt to highlight any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. documentation for removal of state sales tax. 2. All property is sold AS IS, WHERE IS and neither Maison de Luxe, LLC, nor the consignor, makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximates. 3. Payment is expected immediately following the end of the auction and at the latest, THREE DAYS after the auction close. AN INVOICE WILL BE SENT OUT WITHIN 24 HOURS OF THE AUCTIONS CLOSE. If you cannot make the payment within the 72 hour span of time, you MUST contact us to make other arrangements. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on Maison de Luxe, LLC part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Maison de Luxe, LLC sale record is conclusive. 4. The purchaser assumes full responsibility for items and all fees incurred with purchase at the fall of the hammer. 5. There is a buyer's premium of 25% added to the Hammer price in this auction. There is a 3% Credit Card Convenience Processing Fee of 3% added to the total order. 6. For all residents of California, 10.50% sales tax will be added to your invoice. 7. PAYMENT: When you receive your invoice, you will have the option to pay through the second email received. We send out the Proxibid detailed invoice with all fees, costs, and in-depth breakdown of all lots won along with a separate email where you can remit payment in the full amount shown on the Proxibid invoice. We accept: Debit & Credit Cards (Visa, MasterCard, Discover and American Express), (ACH) bank wire transfers, cashier's checks, & money orders. For items purchased online, you will be emailed an invoice after the auction's close. The invoice includes any and all costs including shipping, handling, insurance, and sales tax. If payment cannot be made within three days, it is YOUR responsibility to contact us at (307) 207-4932, or email us to make arrangements. IF YOUR INVOICE IS OVER $5,000.00 YOU MAY NOT PAY WITH ANY PAYMENT METHODS BUT A WIRE TRANSFER. CONTACT US IMMEDIATELY if you are unable to pay through our online check-out system within the three day span. If paying by check, money order, or cashier's check, Maison de Luxe, LLC reserves the right to hold all purchases until the check has cleared to the satisfaction of Maison de Luxe, LLC and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. 8. Maison de Luxe, LLC reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 9. The auctioneer reserves the right to reject any bid at any time and as their sole discretion. 10. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price. Unless specifically stated "genuine", "authentic", or other synonymous adjectives that correlate with these words, all lots shall be valuated by bidders own conclusions. WE DO NOT OFFER ANY GUARANTEES, SOLD AS-IS WHERE-IS, NO WARRANTIES, NO REFUNDS, NO EXCHANGES, NO EXCEPTIONS. 11. On the fall of the auctioneer's hammer, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon: ? a) Assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and ? b) Will pay the full purchase price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. We also reserve the right to charge the full amount, late fees, restocking, buyers premium, and taxes for an item that has an unpaid invoice after 5 days total close of the auction. o THIS MEANS bidders WILL STILL HAVE TO PAY IN FULL FOR THE ITEM/ALL FEES included, BUT BIDDERS WHO MAKE NO PAYMENT, ARRANGEMENTS FOR, OR HAVE MADE NO CONTACT AT ALL, WILL NOT RECEIVE THE ITEM. WE DO THIS TO ENSURE FAIR BIDDING FOR ALL OTHER BIDDERS, OUR CONSIGNORS, AND COMPANY AND USE THIS AT OUR SOLE DISCRETION. ***REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE.*** o If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, we at our option may either, ? a) Cancel the sale, retaining as liquidated damages all payments made by the purchaser, or ? b) Resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder. In the event that, such a buyer pays a portion of the purchase price for any or all lots purchased, Maison de Luxe, LLC shall apply the payment received to such lot or lots that Maison de Luxe, LLC, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees and expenses. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. 12. In the unlikely event we lose our internet connection, Maison de Luxe, LLC reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 13. ***Auctioneer has final discretion on sale of an item. AUCTIONEER'S WORD IS*** 14. Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the broker's Commissions, and all sales are subject to any such interest. 15. In no event shall Maison de Luxe, LLC liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall Maison de Luxe, LLC have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Maison de Luxe, LLC. 16. BREACH OF CONTRACT CONSEQUENCES LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY MAISON DE LUXE, LLC., BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 25% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT, YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY MAISON DE LUXE, LLC. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION. 17. MAISON DE LUXE, LLC, and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. MAISON DE LUXE, LLC shall act to protect the reserve by bidding in the auction process if needed. MAISON DE LUXE, LLC may open bidding on any lot below the reserve by placing its own bid. MAISON DE LUXE, LLC may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. 18. The bidder hereby waives, releases, remises, acquits, and forever discharges Maison de Luxe, LLC and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of, or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. Maison de Luxe, LLC or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. 19. In the case of or if any dispute occurs between a bidder and Maison de Luxe, LLC., that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of California. Maison de Luxe, LLC. shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. If an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of any and all fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the bidder in full without exception. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in a Maison de Luxe, LLC., auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve all disputes which may arise with Maison de Luxe, LLC. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay Maison de Luxe, LLC. a minimum of $500, plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that the Bidder violates this dispute resolution provisions, in consideration of Maison de Luxe, LLC. approval of the application of the bidder to bid in Maison de Luxe, LLC. auction, bidder confesses judgment to fraud having been committed by bidder against Maison de Luxe, LLC. and further agrees that bidder is liable to Maison de Luxe, LLC. for all damages, losses and costs, including time charges, resulting as a consequence for the Bidder?s breach of this contract. 20. IMPORTANT TO READ: AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. THIS MEANS THAT ALL SALES ARE FINAL, NO EXCEPTIONS. DO NOT REQUEST REFUNDS OR EXCHANGES AS THEY WILL NOT BE GRANTED. 20a.) IT IS IMPORTANT TO NOTE, IN THE UNLIKELY EVENT THAT YOU REQUEST AND ARE GRANTED BY MAISON DE LUXE, LLC A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 25% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM (25%) FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER'S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. For this auction we may (at our discretion) combine multiple purchases to reduce shipping charges for the buyer and Maison de Luxe, LLC. ALL LOTS will have a separate handling charge. Items are NOT available to be picked up, shipping only. This is to help ensure the safety of our bidders and our company due to ongoing COVID-19 Restrictions. 21. We offer to all of our bidders, budget-friendly, In-House Shipping and Handling of all items. The Buyer pays for the FULL Shipping & Handling Costs, and are subject to Maison de Luxe, LLC, stated terms. We do everything within our power to give our bidders as close to our cost for shipping, we try to make it as convenient for you as possible, and we have incredibly strict policies our staff adheres to during the shipping and handling process to ensure special care is always taken so that your items arrive to you exactly the way you saw them at auction. It is important to note that, due to the fact that we package and ship in house, shipping and handling fees include all of the items necessary to carefully reinspect, wrap, pack, and finalize orders for shipment. Shipment is available on, and, for all items, and will be shipped via USPS, UPS, OR FEDEX, whichever service Maison de Luxe, LLC deems to choose at any point in time. IF YOU REQUIRE SPECIFIC ARRANGEMENTS FOR SHIPMENT, YOU MUST SEND US NOTICE OF A REQUEST PREFERABBLY PRIOR TO AUCTION, BUT NO LATER THAN 3 DAYS FOLLOWING THE AUCTIONS CLOSE, please contact us before the auction begins. If you are late to register, contact us to arrange shipping immediately so that way, we can try and accommodate you as best as possible. We ask that while the auction is live, and if the questions, arrangements, or other inquiries are not URGENT, we ask you do so contact us AFTER the auction has closed entirely by emailing us at shipping@lemaisondeluxe.com, or, by calling our office phone at (307) 2074923 and leaving a message. During a live auction, it is almost impossible for us to respond promptly, which is something we take pride in offering our bidders via our Customer Support team. So, please keep in mind there will be a delay in response times to questions sent during the conduction of a live auction. For most items, we will typically ship via USPS, as they are the most cost-effective carrier. However, as stated, bidders are welcome to arrange their own shipping, choose the carrier they would prefer, and we encourage you to contact us if other arrangements are needed as soon as possible. Pick-up/arrangements are not available at this point in time for public health safety concerns regarding COVID-19. Please allow for up to 3 business days to receive an invoice from us for lots you have won. IF YOU HAVE NOT RECEIVED AN INVOICE WITHIN 3 DAYS, IT IS UP TO THE BUYER TO CONTACT US DIRECTLY. We typically ship items within 7-14 business days after finalization of payment for: the items, shipping and handling fees, a finalized invoice has been sent and lastly, after the funds have settled. We do our absolute best to get your items to you as quickly as possible and thank you for your patience and patronage. Our office hours are from 10:00AM-3:00PM PST Monday-Thursday. The best way to get into contact with us is through email first, and then if you have not heard back within a span of 24 hours, we ask you kindly reach out to us to call then. If you call our office and no one is there to answer at the time, please leave your name, invoice number, and a brief message about what we may be of assistance to you for. Please do not leave voicemails with sensitive data such as credit/debit cards unless you feel it is secure and you are comfortable doing so. We prefer you to not do this because we instantly delete sensitive information such as that as soon as we charge the card, and we prefer to keep all correspondences on our files/records. 22. If found that any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. ALL SALES ARE FINAL. BY PARTICIPATING IN THIS AUCTION YOU ARE ENTERING A LEGALLY BINDING CONTRACT WITH MAISON DE LUXE LLC AND AGREE TO ADHERE, UPHOLD AND ABIDE BY ALL POSTED TERMS AND CONDITIONS.