Terms and Conditions of Auction Participation
The following Conditions of Sale and Terms of Guarantee constitute the entire agreement with the purchaser relative to the property listed by Lux Auctions LLC. Hereinafter, Lux Auctions LLC is recognized and referred to as Lux Auctions, Lux Auctions Team, Team Member(s), LUX.bid. Lux Auctions acts as owner or as an agent for various owners and consignors.
By registering for this auction, you (the Buyer) are willfully engaging in a lawfully binding contract with Lux Auctions LLC (the Seller). By using our services it is assumed that you have read the guidelines provided here, and are expected to follow them. Bids placed on LUX.bid are a binding agreement to purchase. Before the sale, prospective Buyers are strongly advised to personally examine any property in which they are interested. Please utilize the inspection day prior to bidding to ensure that the item(s) meet your expectations. Removal/ Pick Up day is not the time for inspection. All Sales are final.
By placing a bid on LUX.bid, bidders are verifying that they are at least 18 years old and acknowledging they understand and will comply with both the LUX.bid website terms and conditions, and the auction specific terms and conditions. Bidders must NOT share their password or account information with anyone. Bidders are solely responsible for any/all bids placed on their account.
- Lux Auctions accepts credit & debit cards (Visa, Mastercard, Discover, American Express) wire transfers, certified bank checks, and cash (cash not to exceed $10,000).
- Invoices for over $5,000 must be paid by certified bank check, wire transfer or cash.
- Invoices for over $10,000 must be paid by certified bank check or wire transfer.
- No personal checks accepted.
- The purchaser’s obligation to pay immediately the full purchase price is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever.
- The currency for all purchases is USD.
- You must have a valid credit card on file with our company to register for and participate in our auctions.
- Unless exempted by law all purchases are subject to state and local sales tax. If you have a resale tax exemption number, you will need to complete a Minnesota ST3 Certificate of Exemption Form.
- A buyer’s premium will be added to the hammer price and is payable by the buyer as part of the total purchase price. Remember, the buyer’s premium is an additional charge, not an additional tax. U.S. taxing authorities call the buyer’s premium part of an item’s sale price. The total amount becomes taxable.
- Items that are shipped out of state will not be charged sales tax.
- Buyer agrees to NOT initiate a chargeback for their purchases under any circumstances. If you initiate a chargeback for any reason, Lux Auctions LLC reserves the right to disable your account and/or ban you from future auctions.
While you did register a credit or debit card to participate in the auction, we do not automatically charge this card with your invoice at the conclusion of the auction. There is an initial $100 verification check processed on your card which is immediately voided. The purpose of this verification is to confirm there are funds available and to detect stolen or flagged credit cards to protect your safety. We do not hold these funds in any way.
- Emailed invoices will be sent out to the winning bidders after the auction has been reconciled and prior to removal/ pick up day.
- Your credit or debit card on file with our company will be charged 24 hours after auction closing for invoices under $5,000.
- If your credit or debit card on file is declined for any reason, you will incur a $20 Declined Card Fee on your invoice. It is important to ensure your accounts payment and contact information is accurate, currently valid, and able to cover the entire purchase price.
- To request another form of payment such as cash, certified check, wire transfer, or to pay in person at auction removal/ pick up- you must contact Lux Auctions by email at: email@example.com or by text at: 952-454-0233 prior to or within 24 hours of the auction closing. Once we receive your request, one of our team members will call, text, or email you to verify your alternate payment method.
- Please note that the card you registered with is your default payment method on file. If your alternate payment request is not received within 24 hours of the auction closing, your card on file may be charged for your full invoice total, including any applicable fees and taxes.
- Following the conclusion of the removal/pick up date and time, all unpaid invoices will be charged to the credit card on file. All merchandise must be paid for in full prior to leaving the auction site.
- If you do not pay your invoice in accordance with the Terms and Conditions that you are agreeing to here, you authorize us to charge your credit or debit card on file.
- If you do not remove your item(s) on the assigned removal/pick up day(s), and your credit card on file declines the transaction, you may be subject to legal action and Lux Auctions reserves the right to ban you from future auctions. This will affect your ability to bid on any current or future auctions with Lux Auctions LLC.
- Shipping is available for most of our auctions. Please see the shipping terms for the auction you are interested in for more details. Shipping and handling fees are at the sole discretion of Lux Auctions. We do our best to minimize costs, it is the sole discretion of the buyer to cover all costs associated with shipping , including freight items and insurance.
- If you would like your item(s) shipped, please email us at: firstname.lastname@example.org to request shipping AFTER the auction has closed.
- Items will not be shipped until your invoice including applicable shipping fees have been paid in full.
- Shipping fees can not be estimated in advance as we package and prepare shipments in-house, calculated with the carrier’s shipping costs, any applicable insurance, and a minimal processing/handling fee to cover supplies including - boxes, packing materials, and delivery to the carrier.
- If your item(s) are packed for shipping and you decide to pick up instead, you will still be charged automatically to your card on file for the cost of shipping materials and processing fee.
- Items are generally shipped through USPS, UPS, or FedEx. If you are interested in having a larger item for example- a large furniture item, or large sculpture- we will provide connections to a 3rd party shipping resource for you.
- All items will be shipped with insurance at their full purchase price at the buyers expense.
- International buyers are responsible for any customs fees on their purchases.
- If your shipping fees remain unpaid after 48 hours, your items may be forfeited to Lux Auctions to be relisted, disposed of, or donated at the buyer’s expense.
- All items with shipping requests will be prepared for shipment and delivered to the carrier within 6 business days of receipt of payment.
- Any issues with the delivery of your shipment must be received by Lux Auctions within 5 business days after the delivery. If shipments are over 12 business days overdue, Lux Auctions must be notified for any investigation to be taken.
- We will do our best to package multiple lots together to reduce shipping & environmental cost, while maintaining the safety of the items in the package.
In person inspections are available on the date(s) and time(s) listed for each auction and always occur before the day of auction close. Inspections are located at our warehouse: 6313 Cambridge St. Saint Louis Park, MN 55416. Buyers are strongly advised to attend auction inspection to personally examine any item(s) in which they are interested in.
-Additional information, photographs or condition reports are available upon request. Please contact us via email at email@example.com or call or text at: 952-454-0233 for more information.
Removal/ Pick Up
Removal/ Pick Up day(s) are available on the date(s) and time(s) listed for each auction.
If you know ahead of time that you will be unavailable or unable to pick up and remove items on the designated date(s) and time(s), then you may send someone to pick up on your behalf. They must provide proof that they are there on your behalf. If you are unable to arrange removal or pick up, shipping is available for most items at an additional fee (see Shipping Terms). For local pickup, contact us to request an alternate pick up day.
- Loading, transportation and any disassembly of items is the sole responsibility of the buyer. Team members of Lux Auctions LLC are prohibited from lifting or moving large or heavy items. -Please come prepared with assistance to move your item(s) if needed and an appropriately sized vehicle to transport your item(s).
- Following the conclusion of the designated removal date(s) and time(s), Lux Auctions LLC will charge the buyer’s credit or debit card on file for the purchase price, Buyer’s Premium, and sales tax (where applicable) of any items left in possession of Lux Auctions LLC.
-Any item(s) not removed, or without shipping or alternate pick up arranged by the close of the scheduled removal/pick up day will also be subject to a storage fee of $15 per lot, per day for up to 7 business days.
- Any item(s)/ assets remaining in excess of 7 business days after the designated close of the removal/pick up day(s) shall be forfeited to Lux Auctions to be relisted, disposed of or donated at the buyer’s expense.
Bidding- How to Buy from our Online Auctions?
After you create an account with Lux Auctions LLC via our website or app, you will be asked to register for the auction you are choosing to participate in. To register, follow the prompts to enter your credit card information upon registry, and agree to the Terms and Conditions of the auction.
After you have registered, you may place bids any time while the auction is running (live), until the auction close. We recommend that you either utilize the “Max Bid” feature (see below) or pay close attention to the item(s) you are interested in during auction closing day. Each auction has a scheduled closing time. This is the time the first lot in the auction is scheduled to begin closing. Keep in mind, if an item gets bid on during the last 3 minute count-down of the item closing, the bidding will be extended by an additional 3 minutes until no further bids are placed. We do this to prohibit electronic bid “sniping”, or last second bids to accommodate for possible website lag or loss of customer cell service or wifi, and to simulate the actual process of a live in person auction. There is no strategic advantage to waiting until the last second to bid.
-System results are final.
- The highest bidder shall be the buyer. At the time an auction closes, the sale of the asset becomes a legally binding agreement between the buyer and Lux Auctions LLC. The buyer is required to purchase the asset(s) and buyer assumes full risk and responsibility of the assets/ item(s) sold, agrees to sign any confirmation of purchase, and agrees to pay the full price, plus Buyer’s Premium, and sales tax (where applicable) therefore or such part, upon such terms as Lux Auctions may require.
-All bids placed are final. We do not retract bids. If you do not want to purchase an item, do not bid on it. Once bids are placed they will not be retracted. 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 your high bid and the final sale price of the lot.
- Bid Increments are subject to change at any time at Lux Auctions discretion.
- Lux Auctions LLC reserves the right to withdraw, re-catalog, or update items in this auction at any time for any reason.
Max Bid Feature
If you are unavailable to participate in the close of the auction, or if you would like to set a bidding limit for any item, you can click the drop down “carrot” on the side of the “Bid $xxx” button. When you enter your Max Bid, the bidding platform will bid on your behalf only if another user bids against you. Your Max Bid will not exceed the amount you have chosen. If you are outbid, you will be notified either by email or push notification. Your Max Bids are confidential, and other bidders cannot see if you or anyone has placed a Max Bid on any items. You may increase your Max Bid with the same method and by following the prompts.
Some of the lots in this sale are offered subject to a reserve, which is the amount that bidding must reach before the item will be sold. Reserves are executed by Lux Auctions on behalf of the consignor. Lux Auctions reserves the right to lower a reserve at any time before or after an auction closes. The asset (lot) will sell to the high bidder if the reserve amount is met. If the reserve is lowered after the auction closes, the highest bidder at auction close will win the asset(s) and receive an invoice.
All assets are sold “AS IS WHERE IS” without implication of warranty or guarantees express or implied. ALL SALES ARE FINAL.
- While auction items are presented with the greatest accuracy possible, and our team strives to include all relevant information affecting the value of the asset, bidders should not rely solely on the item descriptions and pictures as their only means of determining an asset’s value.
Representation on Lux Auctions through any means (including, as the case may be, lot/item description(s), value estimates, images) is for reference only and implies no warranty as to the characteristics of the purchased product. Lux Auctions LLC is not held responsible for errors in descriptions or inaccuracy of photos that may result in differences of opinion of condition or value of any item in the auction. If you have any specific questions about any item please call our office at 952-454-0233 or email us at: firstname.lastname@example.org prior to bidding. It is the sole responsibility of the buyer to inspect the item(s) and/or inquire about any item(s) they are interested in bidding on. Bidders may inspect items prior to and during the auction on designated inspection day(s) or by appointment, when available.
- Any estimates of price or value provided are a courtesy only, and not a guarantee of the sales price.
Transfer of Ownership and Risk of Loss
At the time the winning bidder pays their invoice in full, ownership of the asset and risk of loss passes immediately to the buyer. If a winning bidder pays their invoice in full, but does not take possession of the assets according to removal terms listed, ownership and risk of loss still will transfer to the bidder.
Failure to Comply with Auction Terms and Conditions:
After you have bid on and won an item, you are obligated to carry out the purchase of that item. When you commence bidding, you are willfully entering into a buyer’s contract with Lux Auctions LLC. Once you are the highest bidder who has won an asset, it becomes the legal responsibility of you, the buyer, to complete the transaction as agreed upon in the Terms and Conditions.
- Lux Auctions reserves the right to take any appropriate measure to protect its legitimate interests including denying users access to Lux Auctions, terminating contracts, reporting any misconduct performed through Lux Auctions to the competent authorities- such as judicial or administrative authorities- whenever bidders are suspected to be in violation of any laws, regulations, third-party rights, and/or these Terms, including but not limited to, by engaging in any of the following activities:
- Pretending to fulfill any possible condition or requirements for accessing Lux Auctions such as for instance to qualify as a Buyer.
- Concealing their identity or stealing someone else's identity.
- Bidding on item(s) in an auction on LUX.bid without any real intent to purchase said item(s).
- Failing to pay for products purchased.
- Publishing or otherwise disseminating false, inaccurate, misleading, defamatory, or libelous content regarding Lux Auctions or any products offered via Lux Auctions.
In the rare event the website LUX.bid is not accessible due to reasons outside of our control at any point during an auction closing, the following will occur:
- Auctions that already closed before the website went down, will remain closed and the winning bidders will receive invoices.
- Auctions that are in the process of closing, no matter how many lots have yet to close or already closed, will be reopened and the scheduled Auction closing time will be extended at the discretion of Lux Auctions.
- Auctions scheduled to begin closing when the website is not accessible, will be extended at the discretion of Lux Auctions.
Lux Auctions LLC will never sell your data, and we will never sell your email address or phone number to a third party.
Intellectual Property Rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Lux Auctions are the exclusive property of Lux Auctions LLC or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks- nominal or figurative- and all other marks, trade names, service marks, word marks, illustrations, images or logos appearing in connection with Lux Auctions are, and remain, the exclusive property of Lux Auctions LLC or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
All communications relating to the use of Lux Auctions must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and Lux Auctions LLC with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
These Terms are governed by the law of the place where Lux Auctions LLC is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Venue Of Jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Lux Auctions LLC is based, as displayed in the relevant section of this document.
This Agreement shall continue in effect until it is terminated by Lux Auctions. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
-The User’s indemnification obligations shall survive for a period of five years from the date of termination;
-The disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
Amicable Dispute Resolution
Users may bring any disputes to Lux Auctions LLC who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Lux Auctions, Users are kindly asked to contact Lux Auctions at email@example.com or 952-454-0233.
The User may submit the complaint including a brief description and if applicable, the details of the related auction, purchase, or account, to the email address specified in this document.
Lux Auctions LLC will process the complaint without undue delay and within 7 business days of receiving it.