Terms & Conditions

1. Gardner Galleries exercise reasonable care to catalogue and correctly describe the lots to be sold but does not warrant the correctness of description, genuineness, authenticity or condition of said property.  All statements contained as to the authorship, origin, age, date, attribution, provenance or condition of any lot is a statement of opinion and is not to be relied upon as a statement or representation of fact.
2. All lots are sold with all faults and personal inspection is recommended. Condition reports are also available by telephone or email.
3. Bids are to be per lot, as numbered on the website and Gardner Galleries, at their discretion, may withdraw any lot at any time.
4.  New bidders must be 18 years of age or older to register and may be asked to supply a credit card and/or photo identification to prove their identity. Gardner Galleries reserve the right to refuse admission or registration to any person. 
5. Unless the sale is advertised as an auction without any reserves, bidding on behalf of consignors may take place.
6. Online auctions begin and end at a predetermined date and time, typically 10 days, which allows prospective buyers ample time to place a bid well in advance of the closing date. Absentee bidding is also accepted but arrangements should be made as early as possible.
7. Once a bid is entered and confirmed, it cannot be cancelled. Always verify the bid amount is correct before confirming it.
8. If a bid takes place within the last five minutes of the online auction, another five minute extension will be added to that particular lot (also referred to as a "soft close") until bidding has ended.  The highest bidder accepted by the website shall be the purchaser and in the event of any dispute between bidders, Gardner Galleries will determine who is the successful bidder and their decision shall be final.  
9. Unless otherwise specified, title will pass to the highest bidder immediately after the website has declared a lot sold and thereafter the property is the purchaser's sole risk and responsibility.  Gardner Galleries will not be held responsible for any damages incurred while on our premises.  
10. All sales are made for cash, debit, certified cheque, bank draft, Visa, MasterCard, wire transfer or e-Transfer and the auctioneers reserve the right to retain purchases until such time payment has been made.  Payment can be made in person (at 407 Hamilton Road, London, ON, N5Z 1R8), by telephone or by email.  For clients located outside of Canada, wire transfer is the only accepted method of payment and items released once the transfer has been received.
11. Unless claiming tax exemption, all purchasers shall be required to pay the advertised buyer's premium (22%) and HST (13%) over and above the selling price.
12. Purchases must be paid in full and removed from Gardner Galleries premises within 7 days (one week) after the closing date of an auction.  Business hours for receiving payment and removal of purchases: Monday-Friday 8:30am to 5:00pm and Saturday from 10:00am to noon hour.  If located outside of London, payment can be made in advance by telephone or e-Transfer. 
13. It is the buyer's responsibility to make arrangements for removal and shipping of purchases.  If unable to collect purchases in person and shipping is required, Gardner Galleries will assist in packing and shipping small items via Canada Post or another courier.  The fee for packing materials and handling is typically $20.00 + HST per parcel, plus the courier's shipping rate.  Items which take additional time to package will be charged a higher rate and it is always advised to contact Gardner Galleries for a shipping quote prior to bidding. Gardner Galleries strive to have shipments sent out promptly but due to the high volume of sales, expect 10-14 days before items are mailed. 
14. Gardner Galleries will not ship large items (ie. furniture) but delivery services may be arranged through a third party from Windsor to Toronto only.  It is recommended to contact Gardner Galleries for a shipping quote prior to bidding, as shipping fees may exceed the sale price of an individual item.  
15. If purchases have been paid in full and arrangements have been made in regard to the storage of sold items but the allotted time has expired, Gardner Galleries will attempt to contact the purchaser to discuss further options.  If no contact has been established between Gardner Galleries and the purchaser within 14 days after the agreed upon date, all article(s) in storage will be resold and payment will be made to the purchaser, less selling commission of 25% and storage costs accrued.
16. If the purchase price has not been paid within 7 days (one week) after the auction and no contact or prior arrangements have been established between Gardner Galleries and the purchaser, the sale will be cancelled and the goods in question will be re-sold without notice.  The buyer's online account will also be blocked from future bidding.  In some circumstances, unpaid accounts may be sent to a collection agency and the purchaser will also be held responsible for any costs and expenses incurred after the auction, namely moving and storage.

• Restrictions exist regarding the import and export of species protected under CITES (Convention on International Trade in Endangered Species).  Please review your country's laws before bidding on pieces made of or containing ivory, bone, horn or other animal parts that are strictly controlled or forbidden by most countries.  It is the responsibility of the buyer to inquire about and obtain the proper permits for items purchased that may contain restricted materials.

1. Terms

By accessing and using www.gardnergalleries.com ("The Site"), you are agreeing to be bound by the following Terms of Use. Gardner Galleries reserves the right to modify or alter these Terms of Use without notice or penalty and by using the Site you are agreeing to be bound by any such modifications, alterations or amendments.

2. Reserved Rights and Grant of Limited Licence

1. Copyright © 2024 Gardner Galleries (the Operator of the Site). All rights reserved.
2. The Site contains information, software, communications, text, graphics, advertising, images, photos, artwork and other material and services (collectively, the "Information") that are protected by various Canadian and international intellectual property laws, including but not limited to copyright and trade-mark law, and other proprietary rights, which rights exist in the Information currently on the Site and which rights will continue to exist in all Information developed or posted on the Site in future.
3. Permission is granted to use (display or print) short extracts of the Information on the Site for personal, non-commercial, transitory viewing only. This is the grant of a limited licence, not a transfer of title, and under this limited licence you may not:
   1. modify, copy, reproduce, republish, or re-disseminate the Information;
   2. use the Information for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on the Site;
   4. remove any copyright or other proprietary notations from the Information; and
   5. transfer the Information to another person or "mirror" the Information on any other server.
4. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Gardner Galleries at any time. Upon terminating your viewing of the Information or upon the termination of this licence, you must destroy any downloaded Information in your possession whether in electronic or printed format.

3. No Endorsement or Affiliation

The Site may contain links to other Internet websites. These links are provided to you as convenient references to help you locate other Internet resources that may be of interest to you. Gardner Galleries has not conducted a detailed review of all of the sites linked to the Site and is not responsible for the contents of any such linked site as such links are developed and operated independently from Gardner Galleries. The inclusion of any link on the Site does not imply endorsement of the site by Gardner Galleries unless specifically stated otherwise. A link to another site should not be construed to imply that the Site is affiliated with or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites unless an affiliation is specifically identified within the Site. Use of any such linked website is at the user's own risk.

4. No Liability

Gardner Galleries is not responsible for any damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the Information available on the Site, including any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether in an action for contract, negligence or other torturous action, even if Gardner Galleries has been informed of the possibility thereof.

5. No Advice or Warranties

The Information posted on the Site, including but not limited to, articles, case commentaries, newsletters, opinions and viewpoints, is provided for informational and educational purposes only.

Although Gardner Galleries uses reasonable efforts to include information that is accurate and current, the Information appearing on the Site could include technical, typographical, or photographic errors. Gardner Galleries does not warrant or guarantee the quality, accuracy, completeness or timeliness of the Information provided. Gardner Galleries may make changes to the Information contained on the Site at any time without notice but Gardner Galleries does not, however, make any commitment to update the Information nor is Gardner Galleries obligated to update the Information.

6. Terms of Use Modifications

Gardner Galleries may revise these Terms of Use for the Site at any time without notice or penalty. By using this Site you are agreeing to be bound by the most current version of these Terms of Use.

7. Confidentiality Warning

Absent the use of encryption, the Internet is not a secure medium and your privacy cannot be ensured. Internet e-mail is especially vulnerable to interception and therefore, Gardner Galleries will not be responsible for any damages you may suffer as a result of transmitting confidential information to Gardner Galleries via the Site or implicitly or explicitly authorizing Gardner Galleries to send confidential information to you via the Internet.

8. Compliance with Local Laws

You acknowledge that you have accessed the Site voluntarily and that you alone are responsible for ensuring compliance with any applicable local, national or international laws, including but not limited to any regulations having the force of law. You are hereby advised that some jurisdictions may restrict Internet usage by their residents.

9. Governing Law

Gardner Galleries controls the Site from within the Province of Ontario in Canada. The Site, however, can be accessed by all Canadian provinces and territories as well as from other places around the world. By accessing the Site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use or any other agreement posted on the Site notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You and Gardner Galleries hereby consent and submit to the exclusive jurisdiction of the Superior Court of the Province of Ontario in any action or proceeding instituted or related to the Site.

IF YOU DO NOT AGREE TO BE BOUND BY THE ABOVE TERMS AND CONDITIONS, PLEASE CLOSE THIS WEB BROWSER IMMEDIATELY