Swanson's
Online Auctions
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Introduction
Swansons Estate Sales Inc. is an Estate sale & auction company that operates online and on-site Estate sales & auctions. These Terms and Conditions (“Terms”) are a binding legal agreement between you and “Swanson’s” that govern your use of the Services. By accessing the website swansonsestatesales.com and using the Services, you confirm that you are in agreement with and bound by the terms of service contained in the Terms outlined below and that you will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and Services. The Terms apply to the entire Website and any email or other type of communication between you and “Swanson’s”. In these Terms, “you” refers both to you as an individual and to the entity you represent, if any.
Modifications
Swanson’s may modify the Services or these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. Your continued access to or use of the Site will constitute acceptance of the revised Terms. We also maintain other terms and policies that supplement these Terms, which may be updated from time to time.
Eligibility
The Services are intended solely for persons who are 18 years of age or older. Any use of the Services by anyone that does not meet this age requirement is prohibited.
Auction items are sold “as is” with no returns or exchanges
Auction items are sold on an AS-IS, WHERE-IS, and WITH ALL FAULTS BASIS. We will make every effort and put forth our due diligence to attempt to properly describe and represent items, however all items are sold on a buyer discretionary basis. Buyers are responsible for satisfying themselves concerning the condition of auction items. All statements and descriptions of items by Swanson’s are statements of opinion and are not to be relied upon as statements of fact. Swanson’s is not responsible in any way for errors or omissions in the descriptions of items. Once a lot has been purchased, there are no returns or exchanges of any kind.
SWANSON’S MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER OF ANY KIND OR NATURE WITH RESPECT TO AUCTION ITEMS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ACCURACY OF THE CATALOGUE OR OTHER DESCRIPTION OF THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, MEDIUM, MATERIAL, GENUINENESS, ATTRIBUTION, PROVENANCE, PERIOD, CULTURE, SOURCE, ORIGIN, EXHIBITIONS, LITERATURE, OR HISTORICAL SIGNIFICANCE OF ANY AUCTION ITEM.
Bids
Swanson’s reserves the right, at its sole discretion, to refuse admission to any auction (whether online or on-site) and to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the buyer of the auction item(s). Bidders cannot revoke or cancel a bid for any reason. As an auctioneer, Swanson’s reserves the right to place a bid on behalf of the seller in consecutive fashion up to a reserve or preset price in sale with or without reserve.
Unless otherwise announced at the time of sale, all bids are per lot as numbered in the catalogue. Swanson’s reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the lot in question. If the Auctioneer determines that any opening bid is not relative to the value of the article offered, they may reject the bid; and if, having acknowledged an opening bid they decide that any advance is not sufficient, they may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction.
Payment
When making a bid, a bidder is accepting personal liability to pay the purchase price. Payment in full is to be expected within 3 business days upon the completion of the Auction. Swanson’s reserves the right to cancel any invoice for any reason. If payment is not received, Swanson’s reserves the right to cancel or void any unpaid transaction and/or charge storage fees associated with unpaid.
If you are having trouble paying for your items via the corresponding online portals, please feel free to contact us for assistance at: swansonsestatesales@gmail.com.
All forms of credit card are accepted. Bank wire transfers (required for high value purchases above $5,000), cashier’s checks and postal money orders. By registering for this auction, you give Swanson’s explicit consent to charge your card on file following the auction for the total amount due plus shipping. You waive your right to contest final sale approval for any of your purchases with Swanson’s. If your purchase total is in the excess of $5,000 we will require non-credit card payment.
By registering for our auctions, you grant Swanson’s permission to waive your right to execute any chargebacks against our company for any reason.
ALL SHIPPING IS HANDLED BY SWANSON’S
All items are packed professionally by Swanson’s, insured, and shipped using third party entities (Ex: USPS, UPS, FEDEX, etc.). A shipping cost will be added to your invoice at the end of sale, based on the actual cost to ship your specific order. If you have questions about the cost of shipping or how this process is conducted, please call us at 406-361-9879 (tel:406-361-9879) before auction day. Local customers may request to pick up auction items by emailing us at swansonsestatesales@gmail.com or call 406-361-9879 (tel:406-361-9879).
In person pick -up for local customers will be available at our warehouse, beginning two business days after the conclusion of the Auction and ending after two business days. (Ex: Auction ends Monday, pick-up will be available Wednesday and Thursday from 8am-5pm local time). Items not removed from our warehouse within 4 business days of the conclusion of the Auction sale date will be subject to daily storage fees at $10 a day as determined by Swanson’s Estate Sales Inc. (Some exclusions may apply.)
After auction payment is received in full, please allow up to 30 days for us to process and ship your order. A tracking number will be emailed to you directly once your order has shipped. Please check your spam folder regularly.
Indemnification
You agree to release, defend, indemnify, and hold Swanson’s and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Services; and (ii) your violation of these Terms. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of your use of the Services. This indemnification provision is a fundamental element of the basis of the bargain between Swanson’s and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Governing law and venue
These Terms will be interpreted in accordance with the laws of the State of Montana and the United States of America, without regard to conflict of law provisions. Judicial proceedings must be brought in state or federal court in Ravalli County, Montana.
Entire agreement
These Terms constitute the entire agreement between you and Swanson’s regarding your use of the Website and use of the Services and supersedes all prior and contemporaneous written or oral agreements between you and Swanson’s.
Additional terms
Swanson’s is not responsible for how third-parties, including Icollector and others use and share your information. Please refer to the privacy policies of those third-parties to understand how they use and share your information.
You authorize Swanson’s to have access to your online bidding platform account information, specifically your contact and payment information, and you agree and authorize Swanson’s to use such information to carry out the Services. You also authorize Swanson’s to send you promotional emails. If you would like to opt-out of receiving promotional emails, please email us at Swansonsestatesales@gmail.com


Contact us
Please contact us if you have any questions regarding these Terms.