Lot # : 115 - "The Kiss" Lladro Porcelain Figural Group 4888

Auction Terms & Conditions Terms & Conditions: The lots listed in this catalog are being offered by Epic Auctions and Estate Sales, LLC, as owner or as agent for the consignor(s), subject to the following Terms and Conditions. By registering and/or bidding in this auction, you agree to be bound by these Conditions of Sale. 1. TERMS & CONDITIONS OF SALE: The following conditions of sale make up the entire Terms and Conditions by which items listed by Epic Auctions and Estate Sales, LLC will be sold. All bidders who participate by registering and/or bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted in writing or orally, made during the sale, also become part of our Terms and Conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. 2. CHARGEBACKS: Buyers are strictly prohibited from filing chargebacks with their credit card provider for any reason. All items are sold in "as-is" condition. All disputes must be resolved directly with the auction house as detailed in these Terms and Conditions. Any buyer submitting a chargeback will be subject to a $100 fee plus any fees imposed on the auction house by their credit card processors. Disputes will be handled in accordance with the following Terms and Conditions. 3. BUYER'S RESPONSIBILITIES: You, as a prospective Buyer, are responsible for personally examining or otherwise ensuring your own satisfaction with all lots in which you have an interest prior to bidding. By placing a bid, you signify that you have examined, or have otherwise ensured your own satisfaction with the lot as fully as you desire; or that you have waived your right to an inspection and have chosen not to examine, or otherwise ensure your satisfaction. If you require absolute certainty in all areas of authenticity, condition, etc., and the results of your examination and/or other investigation leave uncertainty in your mind, Epic Auctions and Estate Sales, LLC recommends you engage an independent expert to examine the lot for you prior to bidding or refrain from bidding on that lot. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT. 4. CATALOG AND DESCRIPTIONS: All statements made by Epic Auctions and Estate Sales, LLC in the catalog description or condition reports, orally, or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Epic Auctions and Estate Sales, LLC attempts to catalog and photograph every lot accurately and will attempt to point out all obvious defects but will not be held responsible or liable for the correctness of the catalog, other descriptions, or any visual depictions of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or the Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Epic Auctions and Estate Sales, LLC nor the Seller are responsible for any errors or omissions in the catalog or any other supplemental material. 5. GUARANTEE: All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Epic Auctions and Estate Sale, LLC does not guarantee or make any warranties, either written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Epic Auctions and Estate Sales, LLC acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item prior to bidding. Statements regarding condition are opinions, not statements of fact or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Epic Auctions and Estate Sales, LLC or any person purporting to act on their behalf is authorized to make any representation or warranty, either oral or written, with respect to any lot or item for sale. 6. RESERVE: Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Epic Auctions and Estate Sales, LLC. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount. Items with a reserve may or may not be notated in the online auction at the auctioneer's discretion. 7. AUCTIONEER RECOGNITION OF BIDS: During the course of the auction, the auctioneer may accept bids from live audience bidders, online bidders, absentee bidders, or telephone bidders. The auctioneer reserves the right to advance bids in whatever increment they feel is in the best interest of the seller. If the auctioneer accepts a bid from another bidder that equals the maximum bid offered by an online bidder, whichever bidder the auctioneer recognized will win the bid regardless of when the bids were submitted. This auction permits bids to be placed by the auctioneer, an employee of the auctioneer, the seller, or an agent of the seller and is permitted to do this by providing this disclosure to you, the bidder. 8. ABSENTEE BIDS: We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. Absentee bids will be subject to the same Buyer's Premium as online bidders. 9. TELEPHONE BIDS: On lots with a low estimate of $500 and above, and if a prospective buyer makes arrangements with us prior to the commencement of the sale, we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. These telephone bids may be recorded at the discretion of Epic Auctions and Estate Sales, LLC. Telephone bids will be subject to the same Buyer's Premium as online bidders. 10. TECHNOLOGY ISSUES: If, after a lot has closed, there is determined to have been a software malfunction, internet service problem, or miscommunication between online bidding platform operators, we may reopen any lots or all auction lots for further bidding. If during the auction, a major outage occurs, Epic Auctions and Estate Sales, LLC may decide to reopen the entire auction and extend the closing to a future date. In this instance, lots that were "closed" will be reopened for further bidding. However, if there are no internet outages, service interruptions, or computer software issues, only then will we consider "closed" to mean "sold". 11. WITHDRAWAL: Epic Auctions and Estate Sales, LLC reserves the right to withdraw any property from the auction prior to the completion of the auction sale for any reason. 12. PROTESTS & DISPUTES: Epic Auctions and Estate Sales, LLC reserves the right to reject any bid from any bidder that is not in the best interest of the Seller. The highest bidder, acknowledged by the Auctioneer, will be the purchaser regardless of any notification provided by an online bidding platform. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Epic Auctions and Estate Sales, LLC records will be deemed conclusive in all respects in the event there is any dispute after the sale. 13. BUYER'S PREMIUM AND SALES TAX: All bid prices will be subject to a buyer's premium of 20% payable by the purchaser. This premium is added to the purchaser's successful bid amount. 6 % MI sales tax, as required by law, will be levied to the combined bid price plus the buyer's premium and the three together equal the total sale price. Sales tax for non-Michigan buyers may be charged their local sales tax amount and collected by the bidding platform or the auction company to be remitted to the buyer's tax jurisdiction. Michigan bidders with resale licenses who bid via HiBid must send us a completed Form 3372 BEFORE the auction. Bidders on any other online platform must upload their documentation to their bidder account prior to the auction. We do not refund sales tax once the credit card is processed for your purchase. 14. TERMS OF PAYMENT & TRANSFER OF TITLE: At the close of the lot, the high bidder will have purchased the offered lot. All sales are final upon the closing of the lot. The purchase is subject to all Terms and Conditions as set forth herein. The purchaser assumes full responsibility for their items thereof at the fall of the hammer. The purchaser further agrees to pay the total amount due by 5pm on the 2nd business day after the auction. Title to items does not pass until payment has been made in full for the item and for any shipping or storage fees. Buyer agrees that they will not file a charge back with their credit card company for any reason. All disputes MUST be discussed directly with the auction company. 15. METHOD OF PAYMENT: We accept Visa, MasterCard, Discover, American Express, or Wire Transfer (with advance notice plus any applicable fees). At our discretion, we may require bidders to pay via wire transfer or certified bank issued check. Bidders on Live Auctioneers bidding platform are required to submit payment via the Live Auctioneer's payment system or via wire transfer plus any applicable fees. Declined credit card payments or dishonored check may be subject to a $50 fee imposed by Epic Auctions and Estate Sales, LLC. We do not accept payments via Venmo, PayPal, or any other similar online payment transfer service. We are not responsible for any fees incurred by international bidders regarding fees such as any foreign currency exchange, etc... 16. NON-PAYMENT: Payment will not be deemed to have been made in full until Epic Auctions and Estate Sales, LLC has collected funds for all items purchased, any shipping fees, and storage fees. Payments by checks or in the case of bank or cashier's checks are not considered as accepted payment until Epic Auctions and Estate Sales, LLC has confirmed their authenticity. If Epic Auctions and Estate Sales, LLC does not receive payment in full, in good cleared funds, by 5pm on the 2nd day after the auction, Epic Auctions and Estate Sales, LLC reserves the right to exercise one or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price; (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Epic Auctions and Estate Sales, LLC finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Epic Auctions and Estate Sales, LLC's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Epic Auctions and Estate Sales, LLC deems fit. In addition, a defaulting Buyer will be deemed to have granted Epic Auctions and Estate Sales, LLC a security interest in, and Epic Auctions and Estate Sales, LLC may retain as collateral security for such Buyer's obligations to Epic Auctions and Estate Sales, LLC, any property in Epic Auctions and Estate Sales, LLC's possession owned by such Buyer. 17. PACKING and SHIPPING: We handle the shipping of most small or medium sized items in-house. All shipments require insurance and signature confirmation. We do not ship items without insurance coverage for the final invoiced sales price of the item(s) including Buyer's Premium. We do not accept 3rd party shipping labels. Epic charges $60/hour for packing labor, the cost of shipping supplies (new boxes, bubble wrap, paper, and packing peanuts), and the retail cost of shipping. We are unable to provide shipping estimates. Once we pack items for shipment, the items will not be released until payment is made in full for all packing and shipping charges and fees. This is required by our insurance provider. We do not provide refunds to buyers due to the cost of shipping being too high. Epic is not responsible for loss or damage to international shipments. International buyers assume all risk of loss and damage. Not all international services provide tracking or insurance to all countries. Buyer beware. All shipping claims must be submitted within 3 BUSINESS DAYS after delivery. For larger items, you will need to contact either the Pak Mail store of Battle Creek or a shipper of your choice to arrange for pickup and shipping of your items. We can arrange for delivery of items to the Pak Mail location in Battle Creek. Please contact them prior to bidding to confirm their shipping and packing costs. Your 3rd party shipper MUST schedule a specific pickup time and date. If the shipper fails to arrive at their scheduled time, we will charge the Buyer a $30 fee to reschedule the pickup if we need to send someone back to the facility. Your shipper must be able to move, pack, load, and secure your items without assistance from our firm. Items not picked up by the buyer or shipper within 30 calendar days without prior approval from the auction company will become the property of the auction company and no refunds will be issued. Items remaining in our facilities after 14 calendar days may be subject to a $5 per lot storage fee per day. We are NOT responsible for the cost of any 3rd party shipping service, their failure to perform, or any damages that may occur while your items are in their possession. 18. ABANDONED LOTS: Any item that is not paid in full and picked up by the buyer within 30 days will be considered abandoned, unless prior arrangements are made with Epic Auctions and Estate Sales, LLC. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Epic Auctions and Estate Sales, LLC. Disposal fees may be assessed as needed. 19. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Epic Auctions and Estate Sales, LLC is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event any additional incidental, consequential, or liquidated damages. 20. FIREARMS: Dealers and out-of-state purchasers must have in their possession on the day of sale, signed copies of their Federal Firearms License (FFL) in order to accept same-day delivery of modern weapons. Purchasers who act as agents for FFL dealers must have an origianl signed letter of agency as well as a signed copy of the dealer's FFL. Purchasers who do not have an FFL will be subject to background check and will be obligated to fill out all necessary documents. Refunds will not be given to buyers who do not pass their background check. The firearms will be resold at a future auction subject to the auction company's commission rates and a check will be sent to the buyer after those items are resold. Online buyers are responsible for payment in full before firearms will be shipped. All firearms will be shipped to the Purchaser's FFL dealer. Epic Auctions and Estate Sales, LLC will not issue refunds or accept returns on firearms due to Purchaser's inability to pass the background check completed by the Purchaser's FFL. All firearms under 26" purchased by non-FFL Michigan residents will require that a form RI-60 be filled out and signed by the buyer. 21. DISPUTES UNDER THIS CONTRACT. Purchaser and Epic Auctions and Estate Sales, LLC agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Epic Auctions and Estate Sales, LLC. In the event the purchaser fails to make full payment, Epic Auctions and Estate Sales, LLC may, but is not required to, proceed directly to court. Furthermore, the purchaser and Epic Auctions and Estate Sales, LLC agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Epic Auctions and Estate Sales, LLC are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. If a party commences legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Ingham County, State of Michigan, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Epic Auctions and Estate Sales, LLC agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Eaton County, in the State of Michigan. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted directly to the auction company. If the auctioneer's decision is not acceptable, the buyer agrees to proceed to Mediation, and if Mediation is not successful in resolving the dispute, they will then submit to neutral binding Arbitration with Epic Auctions and Estate Sales, LLC and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder. 22. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER Epic Auctions and Estate Sales, LLC OR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY Epic Auctions and Estate Sales, LLC. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL Epic Auctions and Estate Sales, LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 23. These Terms and Conditions are the intellectual property of Epic Auctions and Estate Sales, LLC and their reproduction or use, in whole or in part, without the prior written authorization from the owners of Epic Auctions and Estate Sales, LLC is strictly prohibited. Any legal action taken due to the illegal use of these Terms and Conditions will be subject to all legal fees incurred by Epic Auctions and Estate Sales, LLC.