Conditions of Sale
The following Conditions of Sale are the entire agreement between Legacy Americana LLC, the Consignor for whom it acts as agent, and the Buyer, relative to property offered for sale by Legacy Americana LLC, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral. By bidding at auction, by ordering from a catalog or sales publication, or by using the commerce areas of the Legacy Americana LLC website (www.LegacyAmericana.com and sub-domains), the Buyer accepts and agrees to be bound by these Conditions of Sale.
- Property offered for sale by Legacy Americana LLC is warranted to be authentic as stated in the Warranty of Authenticity. Except for the limited warranty contained therein, all property is sold "AS IS" without any representations or warranties as to merchantability or fitness for a particular purpose, nor whether the Buyer acquires any copyrights or patents associated with said property. All statements contained in a catalog description, or in any bill of sale, invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, historical relevance, or physical condition are qualified statements of opinion and are not representations or warranties.
- All merchandise is offered subject to availability and may be withdrawn at any time prior to sale. Prices quoted at any time prior to sale are subject to change without notice. Merchandise placed on hold awaiting payment will be available at the quoted price for a period of five (5) business days, after which time it may be re-listed, priced and sold to another customer, or otherwise disposed of. Prospective buyers may request an extended hold by making a non-refundable deposit of 15% of the total invoice, the balance due within 30 days. No merchandise will be sent on approval.
- Unless otherwise noted, only choice, excellent specimens are offered. Where condition is noted, standard grading may be employed. Material damage and/or flaws are described to the best of our ability, but all grading is subjective. For more information, please refer to our Grading Policy.
- Unless other arrangements have been made, all invoices are due within five (5) business days of receipt. Invoices not paid after 30 days are subject to a finance charge equal to 1.5% per month, in addition to other remedies available to us by law. Orders placed by mail should include payment in full. Layaway policy: Non-auction invoices of $250 or more may be paid in up to three monthly installments, with a minimum, non-refundable down-payment of 25% due upon receipt, and subsequent installments of at least 25% due each 30 days. Any balance unpaid after 90 days is subject to a finance charge, in addition to other remedies available to us by law. To arrange layaway or special terms, please make inquiry at time of purchase.
- Arizona residents must pay 6.1% sales tax. Purchases are exempt if the purchaser presents a valid Transaction Privilege Tax Exemption Certificate (Form 5000) or Exemption Resale Certificate (Form 5000A) from the Arizona Department of Revenue.
- Legacy Americana LLC accepts the following forms of payment: cash, cashier's checks, personal checks, money orders, electronic checks, and all major credit/debit cards. We do not recommend sending cash by mail, and are not responsible for loss. Personal checks may require bank clearance prior to shipment of goods. Credit/debit cards are accepted subject to the following provisions:
- Transactions are processed with the knowledge and consent of the cardholder.
- Cardholder provides full and accurate information, including name as it appears on the card, account number, expiration, verification code, billing address, and, if requested, written approval of the transaction.
- Cardholder shall give due notice of any disputed charge and allow at least five (5) business days for Legacy Americana LLC to respond before initiating a chargeback with the issuing bank. A processing fee of $50.00 (USD) shall apply to each chargeback later reversed, or cardholder will face indefinite suspension of services.
- Fraudulent use of credit/debit cards, including bogus chargebacks, will be prosecuted to the full extent of the law. This provision shall not prevent Legacy Americana LLC from seeking to obtain other legal remedies, both civil and criminal.
- Legacy Americana LLC offers delivery of merchandise in as little as 24 hours. The greatest care is taken in preparing items for shipment, to ensure they arrive in the best possible condition. To offset our costs, a fee for delivery will be added to each invoice, based on the size of the order and the destination. This fee covers freight, packaging and labor. For the convenience of customers, we have established standard rates for delivery to most destinations in the U.S. and abroad (actual costs may vary). Buyer is advised to take into consideration the cost of delivery prior to making any purchase. Delivery fees are non-refundable.
- Buyers may return merchandise for refund of the purchase price immediately upon receipt, provided item(s) are in the same condition sold and received at our facility not more than 30 days from date of invoice. Merchandise purchased at auction may be returned only if found to differ from the catalog description. For more information, please refer to our Return Policy.
- No buyer shall be entitled to any remedy, relief or damages beyond return of the purchased property or merchandise, rescission of the sale and refund of the purchase price. If Legacy Americana LLC is prevented by fire, theft or any other reason from delivering any property or merchandise to the Buyer, or a sale cannot otherwise be completed, our liability shall be limited to the sum actually paid for said property or merchandise, and in no event shall include any incidental or consequential damages.
Last modified June 1, 2013.
