A Modernism Garden Story

TERMS & CONDITIONS

Your use of this website is subject to the following Terms and Conditions.

General

These terms and conditions take effect from your first use of this website. By using this website, you agree to be bound by them on a continuing basis. We may change these terms and conditions at any time. It is your responsibility to check that you are still willing to be bound by any terms and conditions that may have changed.

Continued use of the website or participation in any auction constitutes acceptance of any updated terms.

Our Liability

This website is for informational purposes only. We make all reasonable efforts to ensure that all content is accurate and current. However, we cannot accept liability for any losses or damages which may arise from using or relying on information on this website.

Circa Auction LLC shall not be liable for any errors, omissions, or inaccuracies in catalog descriptions, photographs, condition reports, or other materials provided to bidders.

Under no circumstances shall Circa Auction LLC be liable for any direct, indirect, incidental, or consequential damages arising from the use of this website or participation in any auction.

Acceptable Use

You may not use the website or any information it contains in any way that:

• Disrupts the normal flow of dialogue within the website.

• Infringes any copyright, patent, trademark, trade secret, other proprietary rights, or rights of publicity or privacy in any way.

• Is illegal or otherwise unlawful.

• Is in breach of these terms and conditions.

• Has not been requested, including unsolicited bulk email or spamming.

• Is libelous, abusive, menacing, or offensive, or that may harass or cause distress or inconvenience to any person.

• Is obscene, vulgar, pornographic, or is otherwise against public policy.

• Facilitates the transmission of any virus or other material that could potentially damage the website, and any computers or internet services that are connected to it.

You must not attempt to interfere with the website or its workings. In particular, you must not try to break security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other device. If we become aware of any violation of these terms, we reserve the right to take action to stop the violation. This may include removing information, suspending or removing a user, and providing relevant information to external bodies where required by law or regulation.

We have no obligation to monitor or censor any information that users store within, or transmit through, the website. We are not responsible for any injury, damage, or offense that results from such storage and transmission of information.

Intellectual Property Rights

All intellectual property rights in this website, and the content published on it, are owned by Circa Auction LLC or individual authors.

No catalog images, descriptions, or other materials may be reproduced, distributed, or used commercially without the prior written consent of Circa Auction LLC.

BUYER AGREEMENT

1. Acceptance of Terms. By registering for or placing bids in any Circa Auction LLC auction, you (“Buyer”) confirm that you have read, understood, and accept all current terms and conditions. These may be updated from time to time; your continued bidding constitutes acceptance. Registration to bid constitutes a legally binding agreement to purchase any lot for which you are the successful high bidder.

2. Condition of Items (“As Is”). All items are sold strictly “as is,” with no guarantees or warranties, whether express or implied. Visuals (catalog photos, descriptions, etc.) are for identification only and may not accurately depict condition or appearance. Buyers are responsible for inspecting all lots in detail, including provenance, condition, authenticity, origin, and value. Circa Auction LLC makes no representation or warranty regarding authenticity, provenance, attribution, age, origin, completeness, or condition of any lot. Failure to inspect an item prior to bidding does not constitute grounds for cancellation of a sale.

3. Winning Bid, Buyer’s Premium & Title Transfer. The highest bid accepted by the auctioneer becomes the Buyer’s obligation. The Buyer must pay the hammer price plus a buyer’s premium as specified in the auction materials, plus applicable sales tax. Title transfers only after full payment has been received and cleared. Invoices are due within 72 hours upon receipt unless otherwise stated. Circa Auction LLC reserves the right to cancel a sale, reopen bidding, or reoffer a lot if payment is not received within the required timeframe.

4. Item Removal & Storage. Payment and pickup must occur within ten (10) days of the sale, at the Buyer’s cost and risk. Circa Auction LLC is not responsible for items left on-site past that period. Items unclaimed after ten (10) days are subject to storage fees: $25 per lot per day. If items remain uncollected for 21 days, they are considered abandoned and may be resold under Circa Auction LLC’s standard terms. Buyers are responsible for any shortfall between the original price and resale proceeds, plus associated fees and any legal or collection costs. Circa Auction LLC is not responsible for loss, theft, or damage to items once the designated pickup period has expired. All risk of loss transfers to the Buyer at the fall of the hammer.

5. Abandonment Liability. By bidding, the Buyer waives claims against Circa Auction LLC regarding abandoned property (e.g., refund demands or damage claims). Circa Auction LLC does not insure items after the designated pick-up period; any loss or damage is the Buyer’s responsibility.

6. Auctioneer Disclosure & Legal Compliance.

Circa Auction House

Circa Auction LLC

249 S. Mission Road, Los Angeles, CA 90033

info@circaauctionhouse.com

Bond No.: BX0055821

A bond is held on file with the California Secretary of State. Records of consignments and sales will be maintained for no less than two years. Circa Auction LLC will provide consignors with a sale statement and remit proceeds—less commissions and fees—within 30 working days, unless extended by law.

7. Modifications & Announcements. Announcements made from the auction floor and any revisions to terms posted online take precedence over printed catalogs. Circa Auction LLC reserves the right to withdraw any lot, combine or divide lots, reject bids, resolve bidding disputes, or reopen bidding at its sole discretion.

8. Governing Law & Dispute Resolution. All interactions are governed by California law. Disputes may be referred to binding arbitration or mediation. Any legal disputes shall be resolved in Los Angeles County, California.

ADDITIONAL AUCTION TERMS

Bidding Platform Disclaimer

Circa Auction LLC may conduct auctions through third party bidding platforms including, but not limited to, BidSquare and LiveAuctioneers. Circa Auction LLC is not responsible for any errors, delays, technical malfunctions, or bidding failures that occur on these platforms. In the event of a dispute or technical interruption, the auctioneer’s determination shall be final.

Non-Payment

Failure to remit payment within the required timeframe constitutes a breach of contract. Circa Auction LLC reserves the right to cancel the sale, report the bidder to the bidding platform, charge the bidder’s registered payment method, pursue collection actions, and recover any associated damages, costs, and legal fees.

Chargebacks and Payment Reversals

Buyers agree not to initiate credit card chargebacks or payment reversals for any reason related to an auction purchase. Any such attempt will be considered a breach of these terms. Circa Auction LLC reserves the right to pursue recovery of the full invoice amount, along with any associated collection fees, legal costs, and damages.