Consignment Sales

TERMS     1. YOUR ACCEPTANCE OF THIS AGREEMENT   Please read these Terms & Conditions of Business (the 'terms') carefully. These terms apply to and govern your dealings with Rhyton Gallery Auctions., including its employees, agents, officers and directors (collectively the 'Auction House' and/or 'us' and/or 'we'), whether in person, by proxy, through an agent, or through the 'website' or some other platform used to access the website, i.e. Liveauctioners.com; invaluable.com . These terms apply, but are not limited, to consignors of goods, auction bidders (whether in person, by proxy, online or other), buyers, users of the website, in person in store customers and/or other parties to whom we enter into a commercial relationship in furtherance of our business. In entering into business with us, you agree that you understand these terms, have no objections hereto, and agree to be bound. These terms govern your transactions with us along with your use of our website and its contents, as well as any products and/or services transacted with us.  These terms also govern your use or accessing of our website  and its products and services, including but not limited to visiting, logging on to your account, browsing, adding a lot to your watch list, registering a bid, bidding, requesting e-flyers, ordering a catalogue, purchasing, or otherwise using the website (the "Services") you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this agreement, "person" includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this agreement, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, or you do not have the legal authority to agree to and accept this agreement, you may not use the website or enter into a transaction with us or through us, i.e. placing bids at auction, consigning goods to us, buying goods from us etc. All sales are final and we auction all items ?as is.?    2. CHANGES TO THIS AGREEMENT   These Terms and Conditions are current as of the date of at the bottom of this agreement, but are subject to revision by us at any time, without any notice given. Each time you enter into a transaction with us or use our website, you are responsible for reviewing the current terms of this agreement. For each transaction and/or visit to our web site, you agree to be bound by the terms and conditions then in force.    3. MISPRINTS AND ERRORS, PRICES AND PURCHASES   We strive to provide current and accurate information on the website and in our Catalogues. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right to change the prices, listed fees and charges at any time, without notice or liability to you or any other person. Also, we cannot guarantee that the Services advertised on the website will be available when a bid is submitted, or a lot is purchased, or at any relevant time.    4. BIDDING AT AUCTION    In purchasing items at auction, you further agree to be bound by the following terms:   a) You are responsible for reading the full item listing, examining, inspecting, making arrangements for inspection or otherwise fully satisfying yourself as to the authenticity, condition and provenance, if any, of each lot upon which you place a bid.   b) You acknowledge that in placing a bid, you are extending an irrevocable offer to enter into a legally binding contract for purchase, and that a legally binding contract to purchase is formed when such bid is either the winning bid, or is otherwise accepted by us. You acknowledge that we are entitled to payment in full immediately upon acceptance, and that we may immediately submit the charges to your credit card if on file. You further acknowledge that ALL SALES ARE FINAL WITH NO REFUND, NO EXCHANGE AND NO STORE CREDIT.   c) While the Auction House has attempted to catalogue and describe correctly each lot to be sold, such representations merely reflect our opinion, are cursory in nature, and as such, are not to be relied upon in making purchasing decisions. You acknowledge that errors may include, but are not limited to, the catalogue or contents therein, lot description or other descriptions of the physical condition, trueness of the photographic image used in the online lot description or catalogue, medium, importance, authorship, origin, age, size, attribution, genuineness, authenticity, provenance, exhibitors, literature or historical relevance of any lot or item contained therein, and as such, the Auction House shall not be liable for any such errors or omissions. Measurements on paintings are approximate only and are of image size.  Further, the absence of description regarding an item or the failure to note a flaw or defect in an item does not imply that the lot is in perfect condition or free from defects, wear and tear, modification, alterations or other imperfections. Unless noted, some items have some amount of wear and tear, scratches, nicks, missing stitches or other imperfections, corresponding to their age and use. No statement made by us, whether written or oral, shall be deemed as a warranty, representation or condition. No sale will be set aside on account of any imperfection, regardless of whether noted. Each lot is sold "AS IS", "WHERE IS," "WITH ALL FAULTS" and "WITHOUT RECOURSE". Each and every lot is sold by us with all faults and defects and with all errors of description and is to be taken and paid for whether genuine and authentic or not and no compensation shall be paid regarding any imperfection, fault, damage or other defect. It is the responsibility of the buyer to determine the authenticity and condition (and to otherwise fully satisfy themselves) of each item prior to making a bid (or prior to purchase for those items listed by us for sale), and should the buyer lack the appropriate skills and knowledge, the buyer shall, at their expense engage an expert in determining authenticity, prior to purchase. No transaction shall be set aside on the basis that the buyer later determined any such item purchased to not be authentic, or have other fault or flaw, and all parties agree that each such sale shall have been intended by the parties to be for a "novelty or replica item," without regard to the description or image used, price actually paid or the market value of same (including the difference between the market value of the item as understood by the buyer, and the actual market value determined after proper inspection).  Should the buyer place a bid or otherwise buy an item or lot without having satisfied themselves as to authenticity, condition or any other factor set forth in this subparagraph, the buyer shall be deemed to have intended to purchase a "novelty or replica item." In such case, the buyer agrees to waive any claim or defense alleging inadequate consideration.  To be clear, the buyer assumes all risks relating to the authenticity and condition of items, along with the other factors set forth herein, and agrees to hold the Auction House harmless in regard to same.   The company make no representation or warranty and accepts no liability whatsoever to the seller, the buyer, or any third party in respect of the availability or issuance of valid import and export permits or the existence or exercise of pre-emption or other rights to purchase by governmental or regulatory authorities anywhere.   All authorship of paintings in this catalog are described according to the following terms:   We do not guarantee authenticity of any previously made labels or stamps appearing on the back, front or on the frame of a lot.    Signed [Artist Name] : In cases where the signature appears in the lot, the work is described as-is with no attributions given. This lot may be attributed or style-of.    By [Artist Name] : The work is by the artist.    Attributed to [Artist Name] : The work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.    In the manner of [Artist Name] : The work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.    After [Artist Name] : The work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.    Circle of [Artist Name] : A work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.   Follower of [Artist Name]: A work by a pupil or a follower of the artist (not necessarily a pupil).   Bears signature: In our opinion, the signature on the artwork may be spurious.   Apocryphal: Of doubtful authenticity.   d) You expressly acknowledge that the contents of our website and/or catalogs and/or other promotional material, including, but not limited to lot descriptions, does not constitute advice or a recommendation. You expressly acknowledge that you have a responsibility to seek professional third party advice and recommendations before acting, at the risk of overpaying for a "novelty item" or otherwise not receiving the item you had thought you were bargaining for and purchasing. You expressly acknowledge that you have not acted, or omitted to act based on any information provided by us. As noted above, we list items as we understand them to be, based on our opinion and what we are told by the sellers of each item, and sometimes we are fooled or otherwise get it wrong.   e) All descriptions appearing on-line are subject to any variation announced by the auctioneer, on-line or otherwise, prior to the time of sale. No representation is made in respect to any copyrights available to any purchaser. All prospective purchasers shall have an opportunity to inspect all lots prior to the time of the auction and it is recommended that they do so. Purchasers assume all risks by failing to inspect and/or have items and/or lots properly authenticated prior to purchase. Nothing within this contract shall limit the purchaser's recourse against an expert retained by them to determine authenticity. We are an auction house and/or small collectibles store only, and are unable to, and do not, guarantee the authenticity of any items listed for sale, or the condition of same, whether at auction or retail.   f) Estimates of item value are merely that, and are intended to help prospective purchasers estimate what amount of money that might be required for the purchase of a particular lot.  The lower estimate may represent the reserve price, and the price at auction will not be below that amount.  Estimates do not include the Buyer's Premium.  Estimates are subject to revision at any time, and are not definitive.    g) The auctioneer has the right to withdraw any item from bidding at any time, for any reason, and/or to divide any lot, or to combine any two or more lots, in their sole discretion. Likewise, the auctioneer has the right, at their discretion, and without penalty, to default or cancel any sale in the event of an error or dispute. The auctioneer has the right to refuse and/or reject any bid and to advance the bidding and set bidding increments, at his absolute discretion. The highest bidder accepted by the auctioneer shall be the purchaser. If any dispute should arise between bidders, or in the event of any doubt on the part of the auctioneer as to the validity of any bid, the auctioneer may, at his discretion, determine the successful bidder, or they may re-offer the lot, and in making this determination, the auctioneer shall have absolute discretion. The auctioneer will also have full discretion to reopen the bidding, cancel any sale and/or re-offer or resell the property. Should a dispute arise after the auction, our sale record is conclusive. Further, the purchaser acknowledges that invoices generated during the sale or shortly after may not be error free, and are subject to review to correct errors.   h) The purchaser will be the highest bidder for the lot accepted by the auctioneer and will thereupon pay the full purchase price, including the buyer's premium and all applicable taxes.   i) Each lot sold at auction is subject to a buyer's premium of 20% on top of the purchase and/or hammer price, payable by the purchaser, and shall form a lien and first security interest on any such item purchased.   j) The purchaser shall, at the time of opening an on-line account and at the time of registering and placing a bid, make available to us, the name, address and telephone number of the purchaser and make payment as aforesaid. Also, if the required payment is not complied with, we may assert a lien and first security interest on any works purchased by the purchaser and any funds owing by us to the consignor and in addition to all other remedies we may have. In our sole discretion, we may resell any of the lots affected without notice to the original purchaser and in such case the original purchaser shall be responsible to us and the consignor for: (a) any deficiency in price between the resale amount and the amount that should have been paid by the original purchaser, (b) reasonable charges for storage, (c) any excess commission which would have been earned by us had the original sale been completed in full, and (d) such additional fees and charges as may be reasonably incurred by us.   k) Risk of damage/loss is conveyed immediately after retail sale or upon receipt of payment after a successful bid at auction, as the case may be, and buyers are encouraged to immediately (after payment) remove such items from the premises and/or to secure their own insurance on same. While we will try to handle and store items left at our facility after sale, we disclaim all liability for loss or damage to those items, from all causes, including specifically our own negligence, or the negligence of those for whom we are at law responsible. If shipping is necessary, buyer shall make all arrangements for shipping, and pay all associated charges. Buyer is solely responsible for purchasing insurance on each item purchased.   l) Each lot offered for sale may be subject to an unpublished reserve in consultation between the consignor and us. The auctioneer may bid on behalf of the consignor. We also, as a service, may provide absentee order bids for purchasers who cannot participate in the on-line auction. We shall attempt to execute the absentee bid at the lowest possible price taking into account the reserve price and other bids. If identical bids are left by two or more parties, the first bid received by us will take priority. We shall not be responsible for errors or failures to execute such bids.   m) We reserve the right to refuse admission to our premises, any preview, on-line auction or to accept any bids from any particular person or persons at any on-line auction in our sole discretion.   n) Bidding is in US dollars, as indicated.   0) Live internet bidding is available during the auction. Auctioneer cannot be held liable for live internet bids that are not sent, received, or executed by the administrator. If you are bidding live on-line, please bid quickly because there is a time delay in receiving these live bids, and if problems are experienced, we may not receive your bid at all.   5. PAYMENT   All items purchased in person at auction must be paid for on sale day. All items purchased via absentee bid must be paid for within five (5) business days of sale date. If a buyer fails to contact Rhyton Gallery Auctions within five (5) business days following the sale, the credit card used to secure the bid will be charged the full invoice amount, which bidder agrees to pay.   Auctioneer accept the following forms of payment: WIRE TRANSFER. In addition, items may be paid for with a properly authorized Visa or MasterCard, American Express.  Please note we do not accept PayPal under any circumstances.    6. NON-PAYMENT & FAILURE TO COLLECT LOT(S)   Where the purchaser fails to make payment in full, or to collect their lots as required once full payment has been received, the Auction House, in its absolute discretion, may elect one or more of the following remedies without providing further notice to the purchaser and without prejudice to any other rights or remedies the Auction House may have:   a) To issue judicial proceedings against the Buyer for damages for breach of contract together with the costs of such proceedings on a full indemnity basis; b) To rescind the sale of that or any other Lot(s) sold to the Buyer; d) To charge the full purchase price against any credit cards then on file for the purchaser, without the need for any signatures; c) To resell the Lot or cause it to be resold by public or private sale, or by way of live or online auction, with any deficiency to be claimed from the Buyer and any surplus, after Expenses, to be delivered to the purchaser. By way of liquidated damages, in any subsequent sale, the Auction House will again be entitled to both a seller's commission and a buyer's premium, calculated in each instance based upon the greater of the sales prices from the various auctions; e) To store the Lot on the premises of the Auction House or third party storage facilities with Expenses accruing to the account of the purchaser, and to release the Lot to the purchaser only after payment of the Purchase Price and Expenses to the Auction House; f) To charge compound interest on the Purchase Price (which includes the buyer's premium and HST if applicable), at the annual rate of fifty-nine (59) percent, or otherwise at the maximum rate allowable by law; g) To retain that or any other Lot sold to, or placed for sale by, the purchaser at the same or any other auction and release the same only after payment of the aggregate outstanding Purchase Price; h) To apply any Proceeds of Sale of any Lot then due or at any time thereafter becoming due to the purchaser towards settlement of the Purchase Price, and the Auction House shall be entitled to a lien on any other property of the purchaser which is in the Auction House's possession for any purpose; i) To apply any payments made by the purchaser to the Auction House towards any sums owing from the purchaser to the Auction House without regard to any directions received from the purchaser or his agent, whether express or implied; and j) In the absolute discretion of the Auction House, to refuse or revoke the Buyer's registration in any future auctions held by the Auction House. k) To transfer the putative purchasers' account for collections, for which purchaser further agrees to such additional charges as imposed by the collections agency and all reasonable charges incurred in a collections action, again, on a full indemnity basis.   7. SHIPPING   It is the responsibility of purchaser to make all necessary arrangements in regard to shipping, including picking up, packing and crating of purchased items, and to pay any charges incurred for same. Such arrangements can be made through third party shipping companies (e.g. UPS Freight, FedEx Freight).  We are not responsible for shipping, or problems arising from shipping or the use of third parties for shipping, including damages arising from shipping or preparing an item for shipping. We are unable to release your item(s) to a shipper without written instructions from you.   8. INSURANCE & TITLE   Until payment has been received by us, it is the responsibility of the consignor to maintain insurance on their property, including insurance protecting them against damage to their property, including, but not limited to damage caused by our negligence, or the negligence of those for whom we are at law responsible. Once payment in full has been made, and title has passed to the purchaser, it is the responsibility of the purchaser to obtain insurance protecting them against damage to their property, including, but not limited to damage caused by our negligence, or the negligence of those for whom we are at law responsible.     9. CONSIGNOR WARRANTIES AND INDEMNITIES   a) The consignor warrants to the Auction House and to the buyer that the consignor has and shall be able to deliver unencumbered title to the lot, free and clear of all claims;   b) The consignor shall fully indemnify the Auction House, its employees and agents and the purchaser against all claims made or proceedings brought by persons entitled or purporting to be entitled to the Lot;   c) The consignor shall fully indemnify the Auction House, its employees and agents and the purchaser against all claims made or proceedings brought due to any default of the consignor in complying with any applicable legislation, regulations and these Terms and Conditions of Business; and   d) The consignor shall reimburse the Auction House in full and on demand for all Expenses or any other loss or damage whatsoever made, incurred or suffered as a result of any breach by the Consignor of these Terms and Conditions of Business.   e) The Auction House is authorized by the Consignor to Knock Down a Lot at less than the Reserve, provided that, for the purposes of calculating the Proceeds of Sale due to the Consignor, the Hammer Price shall be deemed to be the full amount of the agreed Reserve established by the Auction House and the Consignor.   f) In consideration of the Auction House's services to the consignor, the consignor further represents and warrants to the Auction House that it has the right to grant to the Auction House, and the Consignor does hereby grant to the Auction House, a non-exclusive, perpetual, fully paid-up, royalty free and non-revocable right and permission to:   i) reproduce (by illustration, photograph, electronic reproduction, or any other form or medium whether presently known or hereinafter devised) any work within any Lot given to the Auction House for sale by the Consignor; and   ii) use and publish such illustration, photograph or other reproduction in connection with the public exhibition, promotion and sale of the Lot in question and otherwise in connection with the operation of the Auction House's business, including without limitation by including the illustration, photograph or other reproduction in promotional catalogues, compilations, and other publications and materials distributed to the public, and by communicating the illustration, photograph or other reproduction to the public by telecommunication via an Internet website operated by or affiliated  with the Auction House ("Permission"). Moreover, the Consignor makes the same warranty and representation and grants the same Permission to the Auction House in respect of any illustrations, photographs or other reproductions of any work provided to the Auction House by the Consignor. The Consignor agrees to fully indemnify the Auction House and hold it harmless from any damages caused to the Auction House by reason of any breach by the Consignor of this warranty and representation.   10. CONSIGNOR DUTIES AND RESPONSIBILITIES   In selling items to us or through us (i.e. consignment), you agree to be bound by the following terms:   a) The Auction House shall have absolute discretion as to whether any lot or item is suitable for sale, the particular auction sale for the Lot, the date of the auction sale, changing the date a lot is to be sold at auction, the manner in which the auction sale is conducted, the catalogue descriptions of the Lot, and any other matters related to the sale of the Lot at the auction sale;   b) The Auction House further reserves the right to withdraw any Lot at any time prior to the auction sale if, in the sole discretion of the Auction House:   - there is doubt as to its authenticity; - there is doubt as to the accuracy of any of the Consignor's representations or warranties; - the Consignor has breached or is about to breach any provisions of this agreement; or - any other just cause exists.   c) In the event of a withdrawal for the reasons set forth in subparagraph b immediately above, the consignor shall pay a charge to the Auction House, as set forth below.   d) The Consignor may not withdraw a lot prior to the auction sale without the consent of the Auction House. In the event that such consent is given, or in the event that we are required to withdraw a lot for one of the reasons set forth in subparagraph b above, the consignor shall pay to us a charge of thirty-five percent (35%) of the high pre-sale estimate, as liquidated damages (as it is difficult to precisely quantify the time, expenses, lost profits and damage to reputation so incurred), together with any applicable taxes, prior to any release of the property. Where such fee is not paid, the Auction House may nonetheless proceed with selling such items at auction, and the consignor consents to same.   e) The consignor authorizes the auction house to deduct the seller's commission also referred to as the commission on sale, from the sale price. The consignor also acknowledges that in addition, the Auction House shall charge and retain the buyer's premium on each sale.   f) The consignor shall pay and authorize the Auction House to deduct all expenses incurred on behalf of the consignor, together with any taxes.   g) The Auction House retains all rights to photographic and printed material and the right of reproduction of such photographs. 11. PAYMENT OF PROCEEDS OF SALE   a) The Auction House shall pay the Proceeds of Sale to the Consignor thirty-five (35) days after the date of sale, provided, the Auction House has been paid the Purchase Price in full by the Buyer;   b) If the Auction House has not received the Purchase Price from the Buyer within the time period specified, then the Auction House will pay the Proceeds of Sale within seven (7) working days following receipt (and clearance of said funds as otherwise provided for in this agreement) of the Purchase Price from the Buyer;   c) Receipt of payment by the Auction House is a condition precedent to the Auction House making payment to the consignor, i.e. for unsold items and items where the purchaser defaults in making payment, no payment is due to the consignor; and   d) If before the Purchase Price is paid in full by the Buyer, the Auction House pays the Consignor an amount equal to the Proceeds of Sale, title to the property in the Lot shall pass to the Auction House.  There shall be no obligation that the Auction House do this.   12. DEFAULT IN PAYMENT - AS TO CONSIGNOR   If the purchase price remains unpaid for (5) days after the date of sale, the Auction House will, to the extent it deems practical, seek to obtain payment from the putative purchaser, including taking any actions authorized elsewhere in this agreement, though the Auction House is under no obligation to do so. Further, the Auction House reserves the right and is hereby authorized at the Consignor's expense, and in each case at the absolute discretion of the Auction House, to agree to special terms for payment of the Purchase Price, to remove, store and insure the Lot sold, to settle claims made by or against the purchaser on such terms as the Auction House shall think fit, to take such steps as are necessary to collect monies from the Buyer to the Consignor.    13. SOLD & UNSOLD LOTS - STORAGE AND DISPOSITION   a) Purchaser further agrees, as does consignor for all unsold lots, that any lots not removed from the premises within five (5) days after auction will be subject to storage charges of $5.00 per day, not to exceed $20.00 per month. We disclaim all responsibility for items stored with us beyond 365 days from the time of sale, at which point purchaser shall be deemed to have abandoned same to us for our benefit, for use as we see fit, including listing at auction solely for our benefit, or discarding, or taking any other action, again, at our discretion.   b) Unsold Lots are to be collected at consignor's expense within five (5) days after an unsuccessful auction, or within the week of receiving notice from the Auction House. Storage charges shall apply, as set forth above. If the unsold lots are not removed from our premises on request, the Auction House shall also have the right to sell such Lots by public or private sale and on such terms as the Auction House shall alone determine, and shall deduct from the Proceeds of Sale any sum owing to the Auction House or to any associated company of the Auction House including Expenses, before remitting the balance to the Consignor. If the Consignor cannot be traced, the Auction House shall place the funds in a bank account in the name of the Auction House for the Consignor.   c) Lots returned at the Consignor's request shall be returned at the Consignor's risk and expense and will not be insured in transit unless the Auction House is otherwise instructed by the Consignor and arrangements are made for the Consignor regarding same, with the Consignor bearing all related expenses;   d) If any Lot is unsold by auction, the Auction House may elect to act, at its sole discretion, as the exclusive agent for the Consignor for a period of ninety (90) days following the auction to sell such Lot by private sale or auction sale for a price that will result in a payment to the Consignor of not less than the net amount (i.e., after deduction of the Seller's Commission and Expenses) to which the Consignor would have been entitled had the Lot been sold at a price equal to the agreed Reserve, or for such lesser amount as the Auction House and the Consignor shall agree. In such event, the Consignor's obligations to the Auction House hereunder with respect to such a Lot are the same as if it had been sold at auction. The Auction House shall continue to have the exclusive right to sell any unsold Lots after the said ninety (90) day period, until such time as the Auction House is notified in writing by the Consignor that such right is terminated.   14. DISCLAIMER OF ANY WARRANTIES   As any purchaser had the opportunity to fully inspect each lot prior to purchase, and willingly purchased each lot and/or item "AS IS", "WHERE IS," "WITH ALL FAULTS", "WITHOUT RECOURSE" and without the possibility of a refund, purchaser has expressly waived all warranties against the auction house and/or consignor, whether EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW. The entire risk from entering into the transaction rests with purchaser. Rhyton Gallery. disclaims ANY AND ALL OTHER WARRANTIES including, but not limited to, any guarantees as to age, period, history or historical significance, authenticity, composition, artist/sculptor/creator and/or   provenance. No statement in this catalogue or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or assumption of liability as to authenticity.  Any such warranties are waived. CONDITION The lot that doest not carry established documented provenance nor any past record of auction history is described in the catalog as attributed/style-of. As our policy, we do not guarantee authenticity of any previously made labels or stamps appearing on the back, front or on the frame of a lot. All authorship of items in this catalog is described according to the following terms: Signed [Artist Name] : In cases where the signature appears in the lot, the work is described as-is with no attributions given. This lot may be attributed or style-of. By [Artist Name] : The work is by the artist. Attributed to [Artist Name] : The work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship. In the manner of [Artist Name] : The work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist. After [Artist Name] : The work was executed by an unknown hand, but is a deliberate copy of a known work by the artist. Circle of [Artist Name] : A work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil. Follower of [Artist Name]: A work by a pupil or a follower of the artist (not necessarily a pupil). All the sales are final and we auction items as is.