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Terms Of Sale

PLEASE NOTE UPDATED TERMS AND CONDITIONS 03/2024

 

1. The bidder accepts the conditions of sale stated as follows by offering bids via mail, telephone, fax, email or internet. Bids are NOT accepted via email or social media on closing days.

2. Items are sold to the highest bidder. HAKE’S BUYER’S PREMIUM IS 18%. Reduced to 15% for check, money order or wire payment. Accepted payment methods are Visa, MasterCard, American Express, Discover, check, money order and we will also accept payment by wire transfer.  PayPal is not an accepted method of payment. The buyer's premium discount is only applicable if payment is received within 14 days from the close of the auction. Payments received after 14 days from the close of the auction are subject to the 18% buyer's premium regardless of method of payment.

3. Each item has a specific “opening” or “reserve” bid. If you are the first person to bid that amount, the item will be sold to you at that price unless another bidder raises your bid. Once an item has an opening bid, additional increases go in 10% increments (up to $99,999, 5% bid increments $100,000 to $499,999 and 2.5% bid increments $500,000 and up). Bids are posted on the internet as received or you may call prior to closing days between 9:30 A.M. - 5:30 P.M. Eastern time, Monday - Friday to learn current high bids and place bids.

4. Tie bids are decided by the earliest bid received.

5. Bidders must pay packing, postage and insurance costs. All packages are insured for the full amount without exception. When packaging and postage costs rise, Hake's will adjust shipping costs accordingly. Increases in shipping costs, based on published rates from USPS or UPS and/or personal disagreement with shiping costs and methods are not an acceptable reason to default on payment. All orders ship via UPS or USPS whichever is more economical. Unless otherwise stated, all packages sent via UPS will require a signature. If you prefer UPS to just leave a package with no signature requirement, please contact us. For international shipments, Hake’s will declare the FULL value of each package on customs forms, without exception, along with factual descriptions of enclosed material and the appropriate corresponding correct HST codes. Bidders are responsible for all taxes, import, customs and duty fees. It is the bidder's responsibility to make sure their mailing and shipping address is updated prior to the close of the auction. 

We ship in the order paid—first in, first out. Thus, we begin charging orders as instructed by customers immediately following the close of the auction and continue to fill orders as they are paid. Please make sure your shipping address is updated prior to the close of the auction. Doing so after the close of the auction may result in a package not being delivered to the correct address. It is the bidder's responsibility to make sure their mailing and shipping address is updated. Without exception, all special requests for “Rush Delivery” will incur a charge of $30.00 plus any additional shipping fee associated with the expedited shipment. Overall, our goal is to ship all orders within 15 business days of payment. Allow four weeks from the day you send payment before calling to check on the status of your order.

6. Pennsylvania, Maryland, California, New Jersey, New York, Illinois and Virginia residents must pay state sales tax or provide re-sale number. Out of state bidders picking up items at our office are subject to 6% PA state sales tax, unless a copy of your re-sale number is provided.

7. Offers to “top all other bids” are not accepted, but we can execute a bid on your behalf or inform you if your bid has been raised. See “call-back” details on page 4 of the catalog or the Auction Closing Procedure section of our website. Hake’s specifically disclaims any responsibility or liability whatsoever for failing to execute a written bid, telephone bid, internet bid or call-back request on any bidder’s behalf. However, in the event of an error regarding a call-back bid, Hake’s may at its sole discretion re-open the bidding on an auction item.

8. Hake’s Auctions reserves the right to accept or reject any or all bids by any bidder and the right to limit the number of high bid inquiries via telephone.

9. Bidders who have not previously purchased from Hake’s must accompany opening bids with a valid Master Card, VISA Card, Discover Card or American Express number and expiration date. Such a bidder authorizes Hake’s to charge auction purchases and shipping costs to that credit card. If Hake’s is denied authorization by the card issuer, the bidder agrees to remit payment in full within two weeks of notification that the credit card authorization was declined. A deposit may be required of new bidders at Hake's discretion. If payment is not received within two weeks of notification the bidder is liable for the costs and legal fees Hake’s incurs in the collection of the debt. 

10. Closing days telephone bidding begins at 9:30 AM on the published closing date. Bids are updated in real time. Multiple phone lines are available for calls. Read the Auction Closing Procedure. Questions about items must be addressed prior to published closing days.

11. No retraction of bids is permitted for any reason. Once a bid has been placed, it may not be retracted.

12. Bidding sales are not approval sales. Winning bids must be honored by bidders. We cannot assume any responsibility for errors made in the amount bid or lot numbers listed on bid sheets. Check bid sheets for accuracy. Errors in descriptions or our inability to fill an order are the only causes for a refund. Requests for adjustments must be made within three days of receipt of the items and accompanied by a letter of explanation. Late remittance for purchases, however, is cause to negate this privilege. No returns will be permitted for any reason after settlement is made with our consignors.

13. If an item is damaged in transit or missing from your order, DO NOT DISCARD ANY PACKING MATERIALS. CALL US IMMEDIATELY AT 866-404-9800 M/F 9:30 AM - 5:30 PM. See Loss Or Damage section below.

14. All material is genuine and no reproductions are offered in the catalogue.

15. Electrically operated items are sold for their collectible value only. Actual use of such items is at the purchaser’s risk. Mechanical items such as toys, watches, etc. are sold as is. Upon receipt of items, Hake's is not responsible for items that are not operable even if described as working in the auction listing. 

16. Some items are sold under Hake's grading standards. Grading is subjective and opinions among experts often differ. Hake's makes no guarantee and offers no refund for items later evaluated by any outside source or third-party grading service with a differing opinion.

17. Hake's utilizes third party grading in multiple category areas of the auction. Those lots are subject to each respective company's grading terms/rules/regulations and as such allows for defects to reflect the assigned grade in accordance with each respective company's grading scale. Lots that are graded by a third pard grading company are sold "as is". Hake's is not liable for any patent or latent defect or controversy that arises from an encapsulated lot in our auctions. The bidder may have some recourse through the third party grading company that certified the grade of said lot and is directed to contact them to resolve those issues. Third party grading encapsulation holders occasionally incur damage (chipping, cracking, loose rails) during shipping, despite Hake's best efforts to ensure your lots arrive safely. If a case is damaged in transit, Hake's will attempt to facilitate having the lot re-cased on the winning bidder's behalf, but returns will not be accepted due to holder damage that does not affect the grade or condition of the item itself.

18. Hake's is not responsible for shipping damage to picture frames (including glass) of any kind. By request, we will remove the item from the frame and dispose of frame prior to shipping.

19. Hake’s reserves the right to cancel the auction or re-schedule the closing dates without recourse from any bidder or prospective bidder.

20. Should Hake’s be prevented by fire, theft or any reason from delivering any property to the buyer, any liability of Hake’s shall be limited to the amount actually paid for the property by that buyer.

21. All sales are for cash. Full payment is due 14 days after the closing date of the auction. We accept major credit cards, checks, money orders and payment by wire transfer. We do not accept PayPal as a method of payment. Personal checks from first time customers may require two weeks to clear the bank. Payment by certified check or money order will avoid this delay. Payment must be received within 14 days to take advantage of buyer's premium discount. Discount is only available if payment is received within 14 days from the date of the auction. Returned checks are subject to a $25.00 service charge (per transaction). Hake's mailing address is- Hake's Auctions, PO Box 12001, York, PA 17402.

22. All bids are contractual obligations and all bidders are obligated to honor their bids. Invoices not paid when due will be subject to a late payment fee of 1.5% per month on outstanding balances. Bidders will also be liable for all court and attorney's fees should it become necessary for Hake's to refer their account to a collection agency or attorney.

 23. All legal disputes arising as a result of or with respect to these Terms of Sale shall be governed and settled by the laws of the Commonwealth of Pennsylvania, excluding the conflict of law rules of the Commonwealth, and Bidder agrees that the jurisdiction and venue shall rest exclusively within the courts of the Commonwealth.

24. Employees of Hake's and its affilliates may participate in the auction but may not bid on personally consigned lots.

25. Consignors may not bid on items they have consigned or do so by proxy or agents.

 

 

CONDITION DEFINITIONS

We devote much time to providing detailed descriptions of the items so that you may bid in confidence. Here are most of the condition terms we use and their definitions. If you need more information or clarification about an item, please call before the auction closing day.

 

MINT                           Flawless condition.

NEAR MINT (NM)          Just the slightest detectable wear.

EXCELLENT (EXC.)        Minor visible wear.

VERY FINE (VF)           Well cared for with only moderate visible wear and/or aging.

FINE                           An item in nice condition with some general wear but no seriious defects.

VERY GOOD (VG)         Noticeable wear and aging, with moderate defects present.

GOOD                          Obvious overall wear and/or defects.

FAIR                            Obvious damage and wear.

POOR                          Extensive damage and wear.

HAKE #                       Refers to Hake's 3 volume reference "The Encyclopedia of Political Buttons."

QUOTE MARKS ("...")    In a description indicate words that actually appear on the item.   

 

OPENING BIDS AND ESTIMATED VALUE CODE

Every item is assigned an "Opening" bid. If you bid this amount, the item will be sold to you unless another bidder raises your bid. Every item is also a assigned a price range letter code.

 

F- $25.00-$100.000                                            Q- $35,000.00 to $50,000.00

G- $100.00 to $200.00                                        R- $50,000.00 to $75,000.00                                             

H- $200.00 to $400.00                                        S- $75,000.00 to $100,000.00

I- $400.00 to $700.00                                         T- $100,000.00 to $200,000.00

J- $700.00 to $1,000.00                                      U- $200,000.00 to $350,000.00

K- $1,000.00 to $2,000.00                                  V- $350,000.00 to $500,000.00

L- $2,000.00 to $5,000.00                                  W- $500,000.00 to $750,000.00

M- $5,000 to $10,000.00                                    X- $750,000.00 to $1,000,000.00

N- $10,000.00 to $20.000.00                             Y- $1,000,000.00 to $1,500,000.00

P- $20,000.00 to $35,000.00                              Z- $1,500,000.00 and up               

LOSS OR DAMAGE

Contact Hake's immediately by phone or email.

DAMAGE: Contact Hake's immediately upon receipt of delivery to shipping address on your auction invoice. Hake's is not responsible for damage to package/items if a freight forwarder is used by a bidder subsequent to package being delivered to address on auction invoice. Keep all packaging (shipping box, packaging materials) as well as the damaged item itself. Hake's will then contact the carrier (UPS.USPS) to start the claim process.

LOSS: If a package is lost we will contact the Postal Service or UPS and request a package tracer. The purpose of the tracer is to provide proof of delivery or if unable to prove delivery, request a claim for loss.

Reimbursement for loss or damage will not occur until the claim process has been concluded which could take up to 4 weeks.



LAY-AWAY TERMS

Lay-away terms are available on invoices of $1,000.00 or more. Send one third of the total amount by two weeks after the close of the auction. Please contact us prior to the first closing day of the auction should you choose to exercise this option. The remaining balance is due within the next 30 days. The deposit is not refundable for any reason and no exchanges can be made. Items will be shipped when paid in full. The buyer's premium discount is not applicable for invoices utilizing the lay-away option. An interest charge of 1.5% per month will be applied to lay-away balances that exceed the lay-away due date by 30 days or more. If there is a balance still due beyond 75 days of the original payment due date, the deposit is forfeited and the items returned to our inventory. 

 

INVOICES

Invoices are emailed (if you have a valid email address on file) or mailed (if no email address on file) to all bidders no later than the Monday following the closing date. Information about winning bids cannot be provided by telephone until that same following Monday. 



CATALOGS

To insure you receive the catalog, the most current auction catalog is available for $25.00 within the USA and Canada and $50.00 outside of the USA and Canada (plus any applicable sales tax). The current subscription rates for our catalog is $75.00 for three issues in the USA and Canada (plus any applicable sales tax). International rates are $150.00 for three issues. Of course participation via our website is always free and requires only registration using a credit card. You are not charged a fee, this only validates your customer account.

 

PRICES REALIZED

Prices realized for the current and past auctions are avaiable on our Past Auctions page of our website.

 

FREQUENTLY ASKED QUESTIONS

My bid was higher than the current high bid- why and I not the high bidder? You have exposed another bidder's confidential maximum bid and must top it by the full 10%* bidding increment to become the high bidder.

How will I know if I am outbid on an item? Hake's sends an email anytime you are outbid on an item. You may also request a telephone call back on the closing day of the auction. See "Telephone Call Backs" section on the Auction Closing Procedure of the website.

Why didn't I receive an outbid notice by email? Please make sure to check your Junk email folder. If it does not appear there, please contact us.

I won an item(s)- what happens next? After the final closing day of an auction, winning bid notices will be sent via email. Once shipping costs have been calculated, all bidders with valid email addresses will receive an email with their invoice, including shipping, attached to the email. If you have no email address on file with us, a hard copy of the invoice will be mailed to you.

If you have a Preferred Credit Card on file with Hake's we will automatically use that card for payment. If you wish to not use your Preferred Credit Card, please contact us prior to the closing days. We also accept check, money order or payment by wire transfer. You can also pay for your invoice via credit card, by clicking on the link provided in the invoice email. 

Once your item(s) are packed and ready to be shipped, an email will be sent to you confirming this and a tracking number will be included. 

How do I stay current with Hake's? Sign up through the Get Email Alerts link at the top of every page of our website and we'll make sure you receive updates via email. Find us on social media as @HakesAuctions on Facebook, Twitter and Instagram.

How do I consign to a Hake's Auction? Send photos of your material to Kelly McClain at mkelly@hakes.com, Scott Mussell at mscott@hakes.com or for Original Comic Art Sean Rutan at comicart@hakes.com. See additional information on the How to Consign section of the website.