TERMS & CONDITIONS

Welcome to Gavel and Barrel, your go-to site for unique and collectible distilled spirits. By using our website, you agree to our Terms and Conditions.

Terms and Conditions

Buying

1. PAYMENT INSTRUCTIONS:
a. You must be at least 21 years old and have a valid credit card on file with our company to register for and participate in our auctions.
b. The first time you save a new card to your account, there is a $100 soft charge and void to confirm there are funds available. This soft charge will automatically be voided in 5-7 business days, depending on your financial institution and merchant services provider. Gavel and Barrel (hereby know as "G&B") does not receive these funds in any way. You must reach out to your financial institution for resolution beyond the typical time frame.
c. Your credit card on file with our company will be charged immediately following the close of the auction unless your invoice amounts to more than $3,000. In the event your card isn’t charged immediately, it will be charged within 24 hours of the auction closing for invoices under $3,000.
d. If your credit card on file is declined for any reason you will incur a $15 Declined Card fee on your invoice. Please ensure your payment and contact information on file is correct, currently valid, and able to cover the entire invoice purchase price. The fee is also in effect when we attempt to process payment for shipping or other related services pertaining to your purchases.
e. Payments over $3,000 can only be made by cash, cashier’s check or wire transfer.
f. To arrange another form of payment such as cash, cashier’s check, or wire transfer for invoices under $3,000 you must contact Gavel and Barrel in writing at least 24 hours before the auction begins closing to ensure your request is received. If your alternate payment is not received by the pick-up deadline then your card on file may be charged for your full invoice total, including any applicable fees, regardless of the total amount due. Email us at Gavel and Barrel to specifically arrange an alternate method of payment.
g. Cash payments must be made with exact change. No discounts for cash payments.
h. No personal or out-of-state checks will be accepted.
i. Wire transfers will have a $30 fee applied to the invoice total.
j. If your invoice is not paid within seven business days of the auction closing for any reason, our auction house reserves the right to ban you from future auctions. This will affect your ability to bid on any current or future auctions with G&B.

2. PAYMENT INFORMATION:
a. G&B:
• Discover, MasterCard, Visa, American Express
• Cash (Must Be Exact Change)
• Cashier's Check
• Wire Transfers
b. The currency for all purchases is USD.
c. There is a 10% buyer’s premium on all winning bids.
d. Credit card transactions are subject to an additional 3.2 % convenience fee.
e. We also collect a 5% Municipality of Anchorage Alcohol Sales Tax on all alcohol transactions.
f. Buyer agrees to not initiate a chargeback for their purchases under any circumstances. If you initiate a chargeback for any reason, the auction house reserves the right to ban you from future auctions.
g. Transportation, storage, shipping, and handling fees are at the sole discretion of the Auctioneer.
h. Auctions with inventory located outside of Kentucky may be subject to additional sales tax as required by the corresponding municipality or borough.

3. PREVIEW:
a. Limited in-person previews are available by appointment. All previews will take place at Alaska Premier Liquor 1220 West International Airport Road, Anchorage, AK 99518.
b. Additional photographs, videos, or condition reports available upon request, please forward requests toAdmin@ Gavel & Barrel

4. SHIPPING:
a. is Available. See shipping info page.

5. BIDDING ONLINE:
a. All bids placed are final. As a company policy, we do not retract bids as it interferes with the integrity of the auction. If you default on payment or have your high bid removed for any reason, you will be liable for any difference in sale price between what your high bid was, and the final sale price of the lot.
b. The auction will close at a rate of three lots per minute. If a bid is placed within an item's closing minute, the lot will be automatically extended by one minute.
c. Company Defined Online / Onsite Bidding Increments:

$0 - $100 $10 increments

$100 - $500 $25 increments

$500 - $1,000 $50 increments

$1,000 - $2,000 $100 increments

$2,000 - $5,000 $250 increments

$5,000 - $10,000 $500 increments

$10,000 - $20,000 $1,000 increments

$20,000 - $50,000 $2,500 increments

$50,000 - $100,000 $5,000 increments

$100,000 - $500,000 $10,000 increments

d. Bid increments are subject to change at any time at the auctioneer's discretion.
e. When a user places a Maximum Bid it will be placed equal to the reserve price if said Maximum Bid exceeds the reserve. If the Maximum Bid amount is below the reserve the bid will be placed for the full amount.
f. The auctioneer reserves the right to lift a reserve price at any time which guarantees a sale to the highest bidder at any price. The auctioneer reserves the right to bid on behalf of the seller to reach the reserve.
g. Being the high bidder on an item, with or without reserve, is a legally binding commitment to purchase the item for the amount of the high bid. This does not include Maximum Bids which exceed the amount of the current high bid.
h. G&B is providing Internet auction bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall Bidder have any kind of claim against G&B or anyone else if the Internet service fails to work correctly before or during the timed or live online auction. G&B will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bids are acknowledged should use the website feature and leave their maximum bid 24 hours before the auction ends.
i. G&B reserves the right to withdraw, re-sequence, or re-catalog items in this auction at any time, for any reason.

7. CONDITIONS OF SALE:
a. All property is sold “AS IS”, and ALL SALES ARE FINAL. Bidder agrees that everything is sold as-is and that they may not return any item they purchase. THERE ARE NO REFUNDS.
b. Items may have wear and tear, imperfections, or the effects of aging. Any condition statement given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All dimensions provided are approximate.
c. Buyers are always encouraged to inspect items in person prior to bidding to make their own determinations as to condition, age, size, authenticity, value and any other determining factor by appointment only. Not all inventory will be open for previews. Additional detailed condition reports such as photos, videos, or other, can likely be provided upon request with enough advance notice at least 48 hours prior to auction closing. Bidder shall be the sole judge of value and authenticity and may not make any contest regarding any determining factor. Bidders who participate from off-site and forego the opportunity to be present at the preview understand and acknowledge that this affects their ability to inspect an item as well as if they examined it in person.
d. G&B may attempt to describe the merchandise in advertising, on the Internet, and at the auction but makes no representations. In no event shall Gavel and Barrel be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. G&B shall endeavor to describe in detail each item and any pertinent information about it.
e. G&B will not be responsible for any errors or omissions in the description of the merchandise unless it is a material misrepresentation of the item itself.
f. Any high/low estimates provided are a courtesy only, and not a guarantee of the sales price.

8. WARRANTIES OF OWNER/REPRESENTATIVE:
a. The owner/representative warrants that he/she is the owner or has the right to sell listed items and has merchantable title to the items of personal property offered for sale and hereby grants to the Auctioneer the right to convey a merchantable title to successful high Bidder after payment has been received in full. The Owner/representative guarantees clear title, and that liens on the listed property be so stated whereby arrangements will be made so that clear title will be issued to the purchaser. In the event the owner/representative is unable to clear the title, the owner/representative will be liable for any pre-sale expenses incurred by the Auctioneer, and/or a withdrawal fee.

9. GOVERNING LAW & VENUE:
a. This agreement is governed by and construed in compliance with the domestic laws of the State of Kentucky without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Kentucky or of any other jurisdiction) that would cause the application of the laws of any jurisdiction except the State of Kentucky. All disputes related to this agreement shall be resolved in a court of law located in Louisville, Kentucky.

10. ACCEPTANCE:
a. By bidding in our auction, the Bidder accepts and agrees that they have read and agreed to the Terms & Conditions of the auction in their entirety. Thank you for your understanding, accordance, and acceptance of these Terms & Conditions.

Selling

1. PAYMENT INSTRUCTIONS:
a. You must be at least 21 years old and have a valid credit card on file with our company to register for and Terms and Definitions:
Auctioneer: G&B acting as agent for sale and transfer.
Seller: Person, business or legal entity consigning property for auction sale.
Consignment: Seller hereby consigns to Auctioneer and, employs said Auctioneer to sell property at an upcoming auction, including any sales format including live-onsite, online only or live-onsite combined with online bidding.
Property: Individual or grouped items consigned for sale at auction.
Buyer: Person, Business, or Legal entity as the winning bidder of a lot at auction.
Auction Location: The Auction will take place online and or on premise.
Auction Date: Auction date is subject to change at Auctioneer’s discretion without notice. In case of inclement weather or other events beyond the control of the Auctioneer, the Auction will take place at a later scheduled date.
Title: Seller represents and warrants that the property consigned is their own unencumbered property and that they have the right to consign the property for sale and that it will be kept free of claims of others so that at the sale, good title and interest will pass to the purchaser. Seller warrants that they are not under a conservatorship, or if Seller is under a conservatorship, your conservator has probate court approval. If Seller is consigning the merchandise as a fiduciary, Seller warrants that they are fully authorized to consign the property and will supply any additional documents.
No Representations: Any appraisal, estimate or other statement of Auctioneer or, its representatives, with respect to the value of any item, is a statement of opinion only and may not be relied upon as a prediction of the actual selling price.
Payment: Settlement checks will be mailed to the consignor thirty (30) business days following receipt of payment, along with a post-sale report showing the successful bid price, total of the items and the net amount due to the seller. There will be a 10% Buyers premium upon the high bid, paid by the seller to constitute the contract sales price.
Warranty: All items will be sold by the auctioneer as-is, where is with no warranty expressed or implied.
Auctioneers fee: Auctioneer shall receive a percentage commission based on the hammer price or total sales of property consigned. This will be deducted from the gross sales proceeds before any expenses. Minimum $20 commission per lot.
Buyer’s Premium: The Auctioneer will charge a buyer’s premium at this auction. Buyer’s Premium is fully for the account of the Auctioneer and is not part of the gross sales of the auction.
Absolute Auction: An auction where the property is sold to the highest qualified bidder with no limiting conditions or amount.

Minimum Bid Auction: An auction in which the auctioneer will accept bids at or above a disclosed price. The minimum price is stated and is announced at the auctions. Items that do not draw a minimum bid will be subject to a fee of $20 Per lot. Estimates may not be modified by seller after the signing of the contract. Auctioneer reserves the right to modify pre-sale estimates based on limiting conditions such and condition, originality and authenticity.
Reserve Auction: A minimum acceptable price is mutually agreed by Seller and Auctioneer in writing prior to the auction. This amount may or may not be disclosed to the bidders. Reserve prices are expressed as a net amount due to seller. Reserve prices are only established on date the contract is signed. Reserve amounts may not be added or modified after the signing of this document unless agreed by both parties. In the event that property does not sell at auction, the auctioneer reserves the right to offer it for sale at or above the net reserve amount after the auction. A fee of $50 will be imposed upon all lots that do not meet reserve prices.
SELLER’S PRINTED NAME _________________________________________________________________________
SELLER’S SIGNATURE _________________________________________________________________________________
G&B AUTHORIZED REPRESENTATIVE ___________________________________________________________________
DATE _____________________________________________________________________________________________________________________
G&B Unsold Property: In the event that an item fails to meet the minimum bid or reserve price it will be available for pickup by the seller or seller’s agent during normal business hours. Items must be picked up within thirty (30) calendar days from the auction unless prior written arrangements have been made. If the seller is not eligible to receive property it will be sold at a later date. Auctioneer is not in the business of providing storage of any kind and nor will they be held liable on any level for items left more than 30 days post agreed auction. A $10.00 fee will be assessed PER WEEK after the complimentary 30 days is exhausted for the storage of unclaimed / un-retrieved personal property. Once the storage fee reaches the fair market value of the personal property it will be
sold or disposed of without any compensation to the consignor or legal owner and without any escheat to the state.
Control and Custody of Property, Property released to law enforcement, Permission to Obtain State and Federal records: Control and custody is established when the Auctioneer physically receives the item. Property IN TRANSIT TO OR FROM the auctioneer by common carrier, that is initiated by the seller, that is damaged, lost or stolen via common carrier is not the Auctioneers responsibility.If through the course of normal business, law enforcement notifies the Auctioneer that an item may be evidence of a crime or reported lost or stolen, it is the Auctioneers standard practice to comply with all law enforcement or judicial request with or without prior notice to the consignor. The Consignor will be notified and given the information of the receiving/acquiring law enforcement agency for which it is entirely the Consignor’s responsibility (legally, financially, including legal expense) to rectify the situation and attempt to recover seized items. The consignor grants G&B all and any access to State or Federally held records or pertinent information, including tax records, on any goods consigned on this contract.
Insurance: Items that are under G&B control and custody will be insured by G&B. No insurance of any kind will be afforded to the consignor outside of personal property that is under control and custody of the Auctioneer.
Hold Harmless. Auctioneer, as Sellers agent, is authorized to accept the return of and rescind the sale of any personal property at any time if Auctioneer, in his best judgment determines that the offering for sale of any property has subjected or may subject Auctioneer and/or Seller to any liability, including any liability under warranty of authenticity. In such event, Auctioneer is further authorized to refund or credit to the buyer the purchase price of such returned property. If Auctioneer has already remitted to Consignor any proceeds of the rescinded sale, Consignor agrees to pay Auctioneer on request an amount equal to the remitted proceeds. Consignor further
agrees to indemnify Auctioneer and hold harmless from and against any and all claims, loss, liabilities and expenses (including reasonable attorney fees) relating to the claims of individuals claiming title to any property consigned hereunder or to any other claims of buyers resulting from Auctioneer offering for sale or selling any personal property consigned hereunder, whether or not it has been returned to Auctioneer.
Withdrawal of Property: Seller agrees that no property may be withdrawn by the Seller after the execution of this agreement. Seller agrees that if the auction does not take place due to action or inaction on their part, they will be responsible to reimburse the auctioneer all commensurate expenses and commissions based on the high estimate of the items consigned. Auctioneer reserves the right to withdraw any property from auction sale at any time without further compensation to the seller and returned to seller where eligible. Non-Payment by Buyer or Not Authorized to Complete Sale. In the event of non-payment by buyer, Auctioneer, at its discretion, may extend buyer’s payment time or cancel the sale. If the buyer is not approved for the sale of alcohol, the sale will be canceled. Unless otherwise specified, the item(s) will be scheduled for the next auction date and the contract will automatically be renewed under the same terms for the following auction.
Legal Action: In case of legal action arising from this contract, both parties agree that the laws of the State of Kentucky govern this agreement. Both parties agree that to the extent any court action has to be taken by either party resulting from this agreement or consigned items that said action would be filed or pursued in a court within Jefferson County in the State of Kentucky.
Use and Name: Auctioneer and its agents are authorized to use any media (photographs, video, demonstrations, and schematics), both digital or non-digital in nature, of all items for any purpose of its own benefit in any media type of its choosing. Including but not limited to the Internet and any facet thereof. Items consigned for auction may be used in demonstrations for release to the public for marketing purposes or similar. Any wear or breakage from use is possible and G&B will not be responsible for repair or lost value, however we will put forth an effort to have the item restored in order to sell for the most money at the consignors cost.
Severability Clause: If any part of this contract shall be deemed illegal or otherwise unenforceable by the court of law, the remainder of the contract will still apply, excluding the portion that is deemed unlawful.
Miscellaneous: Sellers or persons acting on behalf of the seller are prohibited from bidding on consigned property for any reason. By transferring legal possession of the Consignors item to G&B.