ComplaintsforR B Fine Arts CFL Inc.

• Initial Complaint

  06/17/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I brought my four ***************** signed and numbered serigraphs to RB fine arts in ******* ******* to be auctioned. I purchased these from an art gallery for $ ******* per each one back in 1997 . I had a reserve price on every one of them meaning I would not take less than the reserve price . They did not honor my reserve price . Supposedly three sold in auction . They sent me a check for $ ****** five weeks later ! I will be seeing them in small claims court in ******* *******. This is theft of the worse kind . I trusted RB fine arts to sell my fine art for no less than the reserve price .

  Business response

  06/21/2024

  *********************** presented to our offices to sell items with our auction company. She did initial, complete and signed a contract with our offices. We have attached the contract to this complaint.
  She presented various pieces of artwork all with reserves and we tried in more than one auction with her request to sell these items for her. We did sell some of the items as per the seller's requests yet did adhere to all fees necessary noted in the contract. 
  The seller was advised of policies after she purchased an item lot #*** (** ****** Teapots) in our May 18, 2024 auction as well as payment for items sold (clause #**) minus fees (clause #**) when the seller was not accommodated as she felt she should be her behavior and attitude changed quickly (clause #2). The seller demanded removal of her items from the auction so she could pick them up from our offices. She was advised of clause #** and signed a form with this information (clause #**) noted on the form. 
  The seller now buyer did refuse to complete the transaction of the purchase of May 18, 2024 despite our terms and conditions for the auction and an unpaid dispute was filed against her.
  
  The seller decided to pick up her items on May 30, 2024 and she did bring a ******* Police officer with her during this visit. The seller was given the items she requested and did sign off on picking them up. Per our staff present during the pick up the ******* Police Officer did have to ask the seller to please leave our premises as the business was completed. 
  The seller was mailed check number **** on June 7, 2024 as was detailed to the seller and the seller did cash check #**** on 6-13-2024.  
  Any further specific information will be turned over to our attorney if the seller/buyer does decide to proceed with a legal avenue.
  Kindest regards,

• Initial Complaint

  06/07/2024

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  The owners of this company, bids low on items to resale at *********************. If anyone wants to find the missing items RBfinearts claim they never received or are simply missing, you need to check out that flea Market. The checks from this business also *********** months to receive. When you express concerns, they are incredibly nasty with their customers and refuse future services. They do own the same shipping company from where all of the packages are shipped from. Hence the outrageous fees. Greed is a horrible way to conduct business. I'm positive the response I receive from rbfinearts will be another justified response. After speaking with my attorney, I will be more than happy to pursue legal damages as well as others I personally know who have seen their items at this flea market.

  Business response

  06/07/2024

  This person has never been affiliated with our business. The name and address are to a woman who became deceased in 2009 based on public record.
   NAME First Name *************;Middle Name **** Last Name *****
   BIRTH INFORMATION Age 79 Born Oct 1929  DEATH INFORMATION Died On Apr 16, 2009
  

  M
  The Villages ************** care Providers
  The Villages Health
  *****************************
  ************ | **************) in ********* (**)More Info ->. ************ | **************) in ********* (**)More Info ->. ************ | **************) in
  
  The phone number is to a health care business in *********/ The Villages which are near our offices, see below:
  
  
  The Villages Health offers the best health care providers to keep you healthy and healing quickly. Contact one of our specialists/primary care doctors ...
  ?Find a ************** ***** Centers  ?*************************************; ?******************
  Missing: ************ ?| Show results with: ************
  
  Colony ************* at The Villages
  The Villages Health
  *****************************  Locations
  
  The Villages ************************* offers expert primary care services delivered by a health care team dedicated to your good health.
  Missing: ************ ?| Show results with: ************
  
  352-674-17## (*********, **) - The Feed Foundation
  45.79.187
  *************************; srci mid
  
  The Center for Advanced Healthcare at *********
  The Villages
  ********************************; healthcare-facilities the...
  
  The Center for Advanced Healthcare at ********* is a premier, ambulatory care facility for specialty outpatient treatments and procedures that will serve.
  Missing: ************ ?| Show results with: ************ore Information...

  At this point we feel someone at this facility may have stolen this deceased persons identity for some warped unknown reason. We would ask the BBB to turn this information over to authorities immediately to investigate the issue. 

  As for our offices owing monies we have thousands of consignors we work with and we pay each one. We do own businesses as stated but we do run fair business practices.

  We look forward to hearing from the BBB regarding this matter and will make a copy of this information sent and present it to authorities near our offices.

  Thank you.

   

   

  Business response

  06/10/2024

  
  This person has never been affiliated with our business. The name and address are to a woman who became deceased in 2009 based on public record.
   NAME First Name ******** Middle Name **** Last Name *****
   BIRTH INFORMATION Age 79 Born Oct 1929  DEATH INFORMATION Died On Apr 16, 2009
  
  M
  The Villages ************** care Providers
  The Villages Health
  *****************************
  ************ | **************) in ********* (**)More Info ->. ************ | **************) in ********* (**)More Info ->. ************ | **************) in
  
  The phone number is to a health care business in *********/ The Villages which are near our offices, see below:
  
  
  The Villages Health offers the best health care providers to keep you healthy and healing quickly. Contact one of our specialists/primary care doctors ...
  ?Find a *************** Centers ?******************************** ?******************
  Missing: ************ ?| Show results with: ************
  
  Colony ************* at The Villages
  The Villages Health
  ***************************** Locations
  
  The Villages ************************* offers expert primary care services delivered by a health care team dedicated to your good health.
  Missing: ************ ?| Show results with: ************
  
  352-674-17## (*********, **) - The Feed Foundation
  45.79.187
  ******************** srci mid
  
  The Center for Advanced Healthcare at *********
  The Villages
  *************************** healthcare-facilities the...
  
  The Center for Advanced Healthcare at ********* is a premier, ambulatory care facility for specialty outpatient treatments and procedures that will serve.
  Missing: ************ ?| Show results with: ************ore Information...
  
  At this point we feel someone at this facility may have stolen this deceased persons identity for some warped unknown reason. We would ask the BBB to turn this information over to authorities immediately to investigate the issue. 
  
  As for our offices owing monies we have thousands of consignors we work with and we pay each one. We do own businesses as stated but we do run fair business practices.
  
  We look forward to hearing from the BBB regarding this matter and will make a copy of this information sent and present it to authorities near our offices.
  
  Thank you.

• Initial Complaint

  01/18/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  On 12/31/2022, I won Lot **** for $650, plus buyer's premium $162.50 plus tax $62.97 plus shipping $164.87 for a grand total of $1,040.34. I bid on this lot virtually. The auction lot title was "Bunch Lot of 1400+ Lot of Used/Unused Postcards with Stamps, Unresearched". Never does the title or description mention "greeting cards" at all. It also stated "war" postcards. What I received was a lot of 70% greeting cards (approximately 30% used), all without envelopes, 484 postcards, and 4 war related postcards. The terms indicate I should inspect for "condition" not misrepresentation. This was a misrepresentation of the lot. The auction house responded: "In the description states these as unresearched which you yourself have acknowledged. Nowhere does it state that there are any "war" postcards but WWII era, and at no time does it state the percentage of the lot being so. In our terms and conditions it states that all bidders are responsible for inspecting and verifying condition of the lots, which based on LiveAuctioneers message history you never did. As a reminder all sales are final and we consider the matter closed. It is well known that postcards are the value item, not greeting cards. Had I known this lot was 70% greeting cards in the Lot, I would NEVER have bid on this. I would like a refund of all charges or a substantial discount on the entire $901.98, plus shipping (Close to $200) that I paid. This auction house appears to also own the "shipping company." Note the Live Auctioneers website shows at least 26 complaints related to misrepresentation of items. I requested a refund or substantial refund. I'm attaching a description of the Auction lot for reference.

  Business response

  01/24/2023

  
  We did list the item as "Bunch Lot of 1400+ Lot of Used/Unused Postcards with Stamps, Unresearched". We did not pull all of the items from the crates consigned with our auction and only pulled a couple of handfuls and listed the item. We did list 10 lots of these cards all containing basically the same thing per the owner. We have no other issues or complaints from the other bidders. 
  In our opinion this buyer saw WWII and thought all were war postcards instead of noticing the phrase WWII Era. That is only our opinion. 
  We do state in our terms and conditions: RBFineArts CFL Inc. internet descriptions and printed materials are meant merely as a guide. The Auctioneers do not warrant the accuracy, genuineness, authenticity, condition, description, weight, count, or measure of any of the lots specified herein. As well all sales final. We do state in several places in our terms and conditions.
  Please note the buyer did not ask for additional photos of any of the lots as did many other buyers of these lots. Our offices work very hard to supply as much information and photos on each lot and are very willing, in fact prefer it, when a buyer asks for additional information on any lots we have listed in our auction catalogs.
  We do try to adhere to our terms and conditions with our sales and would ask the bidders and buyers to do the same. 

  *********************************************************************************************************************

  Shipping, Payment & Auction Policies Shipping Please note shipping is not included in the sale, you will have to pay for shipping. If you are not satisfied with our shipping options, please arrange shipping for your item and contact us about the shipping details. SHIPPING AND PACKING & INSURANCE: RBFineArts uses a 3rd Party Preferred shipping and packing company. Arrangements and costs are the sole responsibility of the buyer. YOU MUST EMAIL [email protected] TO ADVISE OUR OFFICES OF THE COMPANY YOU WOULD PREFER TO PACK AND SHIP YOUR ITEM/S. No property will be released until payment is made in full and we have been advised of your preferred shipper. Please note that a shipping charge is not included in the sale price. Any costs associated with the shipping, packing, and transport of an item are the responsibility of the buyer. RBFineArts CFL Inc. is not responsible for packing, shipping, or transport of any items from buyer?s invoice. Items must be shipped within fourteen (14) days of payment. Items remaining at RBFineArts CFL Inc.'s offices at the expiration of fourteen (14) days past payment will be subject to storage fees of $10 per day per item. All storage fees must be paid before item/s will be released to a shipper. Any items remaining forty-five (45) calendar days following the date when the buyer completed payment on an invoice will be considered Abandoned Property of items on that invoice and will be subject to resale or disposal with no refund. Transportation of buyer's items: For a charge of 15.00 per invoice, RBFineArts Shipping Inc. will pick up and transport your items from the offices of RBFineArts CFL Inc. ALL OTHER transport to any other third-party shipper there will be a 25.00 transport fee, there will be no exceptions for this condition. Your item/s will be transported one time per week only. RBFineArts CFL Inc. is not responsible for any denied claims or damages from the shipping offices the buyer chooses. Any issues with shipping or insurance are between the shipping company and the buyer. Please note local packers and shippers in our area, RBFineArts CFL Inc. is not making any warranty, guarantee, or promise as to the performance of any shipper selected from the list. US *** * **** *** ** ****** **** ******* ** ***** ************ ** ******************** ($25.00 fee charge for the delivery) RBFineArts Shipping *** * ******** ****** ******** ** ***** *********************** ** ************* *$15.00 fee charge for pick up) If you are not satisfied with our shipping options, please make other arrangements to ship your item and contact us about those shipping details. RBFineArts CFL Inc. (online auction) and RBFineArts Shipping Inc. (packing and shipping) are two separate companies and should not be assumed to be the same business. 7.) STORAGE AND HANDLING FEES: Applicable fees will begin to accrue in the amount of $10 per item per day on the 13th day following the auction. If the items are leftover 60 days from the day of the auction, the item(s) will be considered abandoned and will be placed in a subsequent auction and sold to the highest bidder without reserve with all proceeds being retained by the Auctioneers. We reserve the right to amend our terms and conditions at any time without notice. SHIPPING AND PACKING & INSURANCE: RBFineArts uses a 3rd Party Preferred shipping and packing company. Arrangements and costs are the sole responsibility of the buyer. The buyer will pay packing, shipping, and insurance costs as charged directly to the professional company. The buyer can request a shipping quote prior to bidding. We do require tracking ability in most cases unless the buyer refuses at their own risk. a. Shipping Quotes: Shipping estimates can be obtained by emailing pertinent Auction information such as the auction lot number, and the auction date along with the buyer?s zip code or country. b. Please note shipping is not included in the sale; you will have to pay for shipping. If you are not satisfied with our shipping options, please arrange your own arrangements for your item and contact us about shipping details. SHIPPING AND PACKING & INSURANCE: RBFineArts uses a 3rd Party Preferred shipping and packing company. Arrangements and costs are the sole responsibility of the buyer. YOU MUST EMAIL [email protected] TO ADVISE THE COMPANY YOU PREFER TO PACK AND SHIP YOUR ITEM/S. YOU MUST EMAIL [email protected] TO ADVISE OUR OFFICES OF THE COMPANY YOU WOULD PREFER TO PACK AND SHIP YOUR ITEM/S. No property will be released until payment is made in full and we have been advised of your preferred shipper. Please note that a shipping charge is not included in the sale price. Any costs associated with the shipping, packing, and transport of an item are the responsibility of the buyer. RBFineArts CFL Inc. is not responsible for packing, shipping, or transport of any items from buyer?s invoice. Items must be shipped within fourteen (14) days of payment. Items remaining at RBFineArts CFL Inc.'s offices at the expiration of fourteen (14) days past payment will be subject to storage fees of $10 per day per item. All storage fees must be paid before item/s will be released to a shipper. Any items remaining forty-five (45) calendar days following the date when the buyer completed payment on an invoice will be considered Abandoned Property of items on that invoice and will be subject to resale or disposal with no refund. Transportation of buyer's items: For a charge of 15.00 per invoice, RBFineArts Shipping Inc. will pick up and transport your items from the offices of RBFineArts CFL Inc. ALL OTHER transport to any other third-party shipper there will be a 25.00 transport fee, there will be no exceptions for this condition. Your item/s will be transported one time per week only. RBFineArts CFL Inc. is not responsible for any denied claims or damages from the shipping offices the buyer chooses. Any issues with shipping or insurance are between the shipping company and the buyer. Please note local packers and shippers in our area, RBFineArts CFL Inc. is not making any warranty, guarantee, or promise as to the performance of any shipper selected from the list. US *** * **** *** ** ****** **** ******* ** ***** ************ ** ******************** ($25.00 fee charge for the delivery) RBFineArts Shipping 375 E Burleigh Blvd., Tavares, Fl 32778 [email protected] or 877-660-3243. ($15.00 fee charge for pick up) If you are not satisfied with our shipping options, please make other arrangements to ship your item and contact us about those shipping details. RBFineArts CFL Inc. (online auction) and RBFineArts Shipping Inc. (packing and shipping) are two separate companies and should not be assumed to be the same business. We do require tracking ability in most cases unless the buyer refuses at their own risk. a. Shipping Quotes: Shipping estimates can be obtained by emailing pertinent Auction information such as the auction lot number, and the auction date along with the buyer?s zip code or country. b. The buyer is responsible for paying for shipping, packing, etc. RBFineArts CFL Inc. is not responsible for packing and shipping. c. No property will be released until payment is made in full. Once the payment has been received RBFineArts CFL Inc. will refer to the email sent from the buyer to arrange pick up or transport to the packing/shipping company you have advised our offices. RBFineArts CFL Inc. will provide a list of local shippers in our area. PLEASE BE ADVISED THE BUYER/BIDDER IS REQUIRED TO ARRANGE PICK UP OR RELEASE OF THEIR ITEM/S VIA EMAIL TO [email protected] Please note local packers and shippers in our area: RBFineArts Shipping Inc. 375 E. Burleigh Blvd. Tavares, FL 32778. Toll-Free Phone 877-660-3243 Or Email [email protected]. ** *** * **** *** ** ****** **** ******* ** ***** ************ or ******************** ($25.00 fee charge for the delivery) 7.) STORAGE AND HANDLING FEES: Applicable fees will begin to accrue in the amount of $10 per item per day on the 13th day following the auction. If the items are leftover 60 days from the day of the auction, the item(s) will be considered abandoned and will be placed in a subsequent auction and sold to the highest bidder without reserve with all proceeds being retained by the Auctioneers. We reserve the right to amend our terms and conditions at any time without notice. Payment ALL JEWELRY GOLD, AND SILVER MUST BE PAID VIA BANK WIRE TRANSFER OR CERTIFIED BANK CHECK. ANY INVOICES OVER $5000.00 DOES REQUIRES A BANK WIRE TRANSFER OR CERTIFIED BANK CHECK. THERE ARE NO EXCEPTIONS TO THIS POLICY. PLEASE NOTE, WE WILL ALLOW 72 FOR FULL PAYMENTS, WE WILL CALL YOU AND IF THERE IS NO CONTACT, WE WILL EMAIL YOU DIRECTLY WITH A FINAL NOTICE. WE WILL THEN PROCEED TO FILE AN UNPAID CASE ON ALL ACCOUNTS WITH NO EXCEPTION UNLESS ARRANGEMENTS ARE MADE OTHERWISE! We accept Personal Checks, Bank Wire Transfer, Certified Checks, ***** *********** ******** ******** ********* A VALID COPY OF YOUR ID THAT MATCHES YOUR BANKING INSTITUTIONS, NO EXCEPTIONS DUE TO CHARGE-BACKS AND FRAUD. Auction purchases must be paid in full within 3 Business days of the auction. Please let us know if you have a problem making payments as we will work with buyers. Processing fees on invoices are charged as a convenience fee to pay your invoice. "If you have a card on file with Live Auctioneers, it will be automatically charged 72 hours after you receive your invoice. If you have not contacted us to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the full amount listed on your invoice. We reserve the right to amend our terms and conditions at any time without notice. Accepted payment methods Autopay If you have not contacted Rbfinearts CFL Inc. to arrange payment within 3 days of the end of the auction or of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice. SALES TAX Online purchases from Rbfinearts CFL Inc. may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption. Terms Buyer's Premium 25% Please Read the Terms & Conditions Please Read the Terms & Conditions Please Read the Terms & Conditions Terms and Conditions Auctioneer, Bidder, Buyer, and Seller shall agree to be bound by the following terms, conditions, and rules of the Auction as shown below. Please make sure you have read the Terms and Conditions before you bid. Any registration and/or bid placed by you does guarantee RBFineArts CFL Inc. you have read and will abide by the following Terms and Conditions of the sale. These Terms and Conditions control this Auction in all regards and supersede all previous announcements, advertisements, catalogs, and published information however distributed. All announcements from the Auction block will take precedence over any Internet description or printed material. RBFineArts CFL Inc. internet descriptions and printed materials are meant merely as a guide. The Auctioneers do not warrant the accuracy, genuineness, authenticity, condition, description, weight, count, or measure of any of the lots specified herein. We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. Please make yourself familiar with the merchandise you are bidding on, and again, the Terms and Conditions of the sale. The items sold are often of considerable age and will exhibit wear, show usage, and/or damage often NOT LISTED IN THE CATALOG ENTRY. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. PLEASE ASK FOR A CONDITION REPORT AND MORE PICTURES IF YOU HAVE QUESTIONS ABOUT THE ITEM. Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL! WE DO NOT GIVE REFUNDS ON A SOLD ITEM. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. Statements made by Auctioneer and/or staff of Auctioneer are opinions only and should not be construed as statements of fact. All sales are recorded. 1. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. All measurements are approximate. 2. By placing a bid via the Internet, you signify that you have examined the items fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. 3. We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. Bidder and Client Conduct It is your responsibility as a bidder and buyer to ensure that you do not behave in a way which is inappropriate or causes offense to any person. If your behavior is inappropriate and/or causes offense, your actions may lead us to cancel your approval to bid in our auctions as well as lead to the cancellation of any pending transactions. While visiting our gallery to preview auction items or to pick up any items, should you act in a way that causes offense or might cause danger to others or which risks damage to property belonging to others you will be asked to promptly leave, and face law enforcement being called on you. Further, RBFineArts CFL Inc reserves the right to hold you liable for reimbursement for any expenses incurred because of any damage or injury. REGISTRATION: Bidder must register for the Auction before his/her bid will be accepted. Proper identification and credit card information will be required. Auctioneer reserves the right to refuse to register any prospective bidder for any reason. BUYER PREMIUM: All Internet auction bidders are subject to a standard 25% buyer's premium which will be added to the hammer price for each lot sold plus applicable sales tax. See the payment terms below. PAYMENT: Please do not make payment until you have received an official invoice from RBFineArts CFL Inc. 1. PLEASE NOTE ALL GOLD, SILVER, AND JEWELRY PURCHASES MUST BE PAID WITH A BANK WIRE TRANSFER OR CERTIFIED BANK CHECK. DO NOT PAY WITH YOUR CREDIT CARD OR E-CHECK WHEN YOU RECEIVE YOUR INVOICE FROM THE PLATFORM YOU REGISTERED WITH. YOU WILL BE REFUNDED THE PAYMENT AND WILL BE REQUIRED TO PAY WITH BANK WIRE TRANSFER OR CERTIFIED BANK CHECK TO COMPLETE THE SALE OR WE WILL CANCEL THE SALE. ABSOLUTELY NO EXCEPTIONS!!!! 2. Acceptable forms of payment include *********** ***** ********* ******** ******** and Bank Wire Transfer, Certified bank check. Any invoices $5000.00 and over total purchases do require a bank wire transfer or certified bank check. There is a processing fee via platform payments that is reflective on the invoice, please see the individual invoice. RBFineArts CFL Inc. also accepts credit cards in-house, to process a transaction off-platform. Please contact RBFineArts CFL Inc about receiving a credit card authorization form. A 3.2% processing fee is required to run the card through Square (the merchant system used in-house). A copy of the buyer's valid ID or passport is required. All contact information and signatures must match. 3. Notice of Autopay To help ensure a timely transaction, your card on file will be automatically charged for the amount stated above. If you prefer to pay via ACH (eCheck), link your bank account and save in processing fees. On average, buyers have saved up to $43 per purchase by paying with eCheck (ACH). To use another payment method, click the pay now button above. The buyer is responsible to communicate with RBFineArts CFL Inc. if they are paying with an eCheck, personal check, bank wire or other means so your credit card is not processed with autopay. Please Note: Due to the nature of the transactions, eCheck/ACH payments can take up to 3-5 business days to clear b. Dispute: Absentee and Internet sales must be paid within 3 business days of the sale, or, at the Auctioneers' discretion, the sale may be considered null and void. Any loss incurred by the Auctioneers because of this delinquency will be charged to the non performing buyer. If payment is not received prior to the 3rd calendar day after the auction, a Dispute will be filed. Any issue of non-payment will be reported to the bidding platform and will be red flagged from any future auctions. c. RBFineArts CFL Inc also accepts in-house payment for items; credit cards, and cash are accepted. PLEASE NOTE ALL GOLD, SILVER, AND JEWELRY PURCHASES MUST BE PAID WITH A BANK WIRETRANSFER OR CERTIFIED BANK CHECK. DO NOT PAY WITH YOUR CREDIT CARD OR E-CHECK WHEN YOU RECEIVE YOUR INVOICE FROM THE PLATFORM YOU REGISTERED WITH. YOU WILL BE REFUNDED THE PAYMENT AND WILL BE REQUIRED TO PAY WITH BANK WIRE TO COMPLETE THE SALE OR WE WILL CANCEL THE SALE. ABSOLUTELY NO EXCEPTIONS!!!! 4.) ABSENTEE BIDS: Please adhere to the bidding increments. It is possible that an item could go to another bidder for the same amount as your absentee bid. For example, if your maximum Internet bid on an item is $325.00 and the required opening bid is $300.00, the Internet auction software will only bid $300.00 since that is all that is required to start the Auction. The Auction begins with you at $300.00. The next increment would be $325.00, if no one else bids you will be declared the winner. If a live auction bidder bids $325.00, they are at $325.00, not you. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid this. To make an absentee bid with our physical location instead of an online absentee bid, please call the storefront at 1-877-660-3271 or (352) 508-5738. 5.) IMPORTANT NOTICE: RBFineArts CFL Inc. auctions items at approximately 60 lots per hour. Occasionally, the bidding software or your internet connection may not be able to keep up with the pace of the auction. We recommend placing a realistic absentee bid for the live Internet auction before the auction begins as insurance to avoid this. Occasionally, the Auctioneer may eliminate or reject an Internet bid, or the auctioneer may reopen a lot after the close of the live internet bidding. In this case, we may reject your bid even if it shows you as the winning bidder. By bidding via the internet, you agree that RBFineArts CFL Inc. may award the lot to another bidder at its sole discretion under the circumstances described above or any other reasonable circumstances. Internet bids are treated just like floor bids. In some cases, due to Internet lag time, the floor may respond before the internet bid is presented to the auctioneer. Auctioneer reserves the right to reject any bids that are deemed inappropriate or withdraw any item before or during the sale. In the unlikely event internet connection is lost during a live Auction, RBFineArts CFL Inc. Auction Services reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 6) SHIPPING AND PACKING & INSURANCE: RBFineArts CFL Inc. uses a 3rd party shipping and packing company. Arrangements and costs are the sole responsibility of the buyer. The buyer will pay packing, shipping, transportation, and insurance costs as charged directly to the professional company. The buyer can request a shipping quote prior to bidding. We do require tracking ability in most cases unless the buyer refuses at their own risk. a. Shipping Quotes: Shipping estimates can be obtained by emailing pertinent Auction information such as the auction lot number, and the auction date along with the buyer's zip code or country. b. Transportation of buyer's items: The buyer is responsible for paying for shipping, packing, and transport, etc. RBFineArts CFL Inc. is not responsible for packing, shipping, or transport of any items from buyer's invoice. c. No property will be released until payment is made in full. RBFineArts CFL Inc. will provide a list of local shippers in our area. Please be advised the buyer/bidder is required to arrange to pick up and release of their item/s. Please note local packers and shippers in our area: RBFineArts Shipping Inc. 375 E. Burleigh Blvd. Tavares, FL 32778 phone 877-660-3243. ** *** * **** *** ** ****** **** ******* ** ***** ************ or ******************** ($25.00 fee charge for the delivery) Please be aware there will be a 25.00 delivery fee to transport your items to a packer/shipper other than our preferred packer/shipper RBFineArts Shipping Inc. Any shipping or insurance issue(s) is between RBFineArts Shipping Inc. and the buyer. RBFineArts CFL Inc. is not responsible for any denied claims from any of the shipping offices. RBFineArts CFL Inc. (online auction) and RBFineArts Shipping Inc. (packing and shipping) are TWO SEPERATE, NOT THE SAME, companies and SHOULD NOT be assumed to be the same business. 7.) STORAGE AND HANDLING FEES: Applicable fees will begin to accrue in the amount of $10 per item per day on the 13th day following the auction. If the items are leftover 60 days from the day of the auction, the item(s) will be considered abandoned and will be placed in a subsequent auction and sold to the highest bidder without reserve with all proceeds being retained by the Auctioneers. 8.) ESTIMATES AND RESERVES: Pre-sale estimates are intended as guides and may not be reflective of the actual gavel price. Some of the items in this Auction are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and RBFineArts CFL Inc. 9.) AUCTION CATALOGS: Catalogs, brochures, and internet descriptions are guides only based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. The auctioneer will not be liable for any errors or omissions. Statements made by Auctioneer and/or staff of Auctioneer whether oral or written, are only opinions and should not be construed as statements of fact. We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL! WE DO NOT GIVE REFUNDS ON A SOLD ITEM. RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. 10.) AGENCY: RBFineArts CFL Inc. has been hired by Seller to act as Seller's agent in conducting the Auction. The Auctioneer is not serving as an agent for Bidder or Buyer. 11.) AUCTIONEER DISCRETION: The Auctioneer, at his/her discretion, may reject any bid not commensurate with the value of the article offered. RBFineArts CFL Inc. reserves the right to withdraw any lot, or portion of a lot, from the Auction or to cancel the entire Auction without notice or liability to the Auctioneer or Seller. If any disputes arise after the sale, RBFineArts CFL Inc Auctions reserves the right to declare the winner without conflict from any bidder. The services Sale record is final and conclusive. RBFineArts CFL Inc reserves the right to cancel any sale or remove any item prior to, or post-auction for any reason deemed necessary. The Auctioneer may reject nominal bids, small opening bids, or very nominal advances made with the purpose of disparaging an item. 12.) TERMS OF GUARANTEE: Each lot will be sold as-is, where-is with all defects and faults. No warranties or guarantees of any kind will be given by Seller or Auctioneer including any warranty of fitness, merchantability, or suitability. We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. Bidders should, whenever possible, carefully inspect each lot to determine condition and contents. All weights, counts, and measurements are approximate. Bidder acknowledges that all lots were available for inspection prior to the Auction and that he or she relied solely on their own inspection of the lots and not any information listed in the catalog or otherwise provided by the Auctioneer, the Auction staff, or Seller. It is the responsibility of the buyer to obtain all possible information prior to bidding. If you are not completely satisfied with an item before you bid, DO NOT BID. Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL! We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. WE DO NOT GIVE REFUNDS ON A SOLD ITEM. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. A. RUGS: RBFineArts CFL Inc does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate. B. JEWELRY: Regarding jewelry, all weights, grades, sizes, and metal content(s) are approximate. C. CLOCKS AND WATCHES: Due to their delicate nature, all clocks and watches are sold as not working even though they may be working. D. ANTIQUES: Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be noted in the description. Buyers who would like to know the fine points regarding the condition should call 877-660-3271 or (352) 508-5738 or ******************** prior to the auction. RBFineArts CFL Inc advises buyers to examine the item before placing a bid. All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. There is no other warranty, expressed, or implied. Each lot is sold AS IS. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. E. All property is sold AS IS, WHERE IS, and neither RBFineArts CFL Inc. nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall be responsible for the correctness of description, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of value. We are not an authentication service. We can only declare the work as attributed to based upon the factors mentioned in the specific lot listed. Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL! WE DO NOT GIVE REFUNDS ON A SOLD ITEM. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. 13.) Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL! WE DO NOT GIVE REFUNDS ON A SOLD ITEM. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. 14.) WINNING BIDDERS: The highest bidder for a lot as recognized by the Auctioneer, will be the buyer, subject to the satisfaction of any reserve amount for that lot. The purchaser assumes responsibility for items at the fall of the hammer. A lot is sold when the Auctioneer indicates such in a customary manner. Please see section 4: Important Notice. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the reserve. This will be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers? bids. Auctioneers reserve the right to invoke Auctioneer's discretion at any time during the bidding process. If any dispute arises after the sale, the RBFineArts CFL Inc Auction Services sale record is final and conclusive. RBFineArts CFL Inc reserves the right to cancel any sale or remove an item prior to, or post-auction for any reason deemed necessary. 15.) INTERNET BIDDING: All bidder names and bidders are held in strict confidence, disclosed only in the event of a question after the sale. Internet bidding is a convenience offered to our customers and Auctioneer and Auction Staff are not responsible for you not winning your bid(s) due to any human, electronic, or technical error/failure of any kind. A. Absentee Bids: If you place an absentee bid(s) on the internet, then by phone, or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. RBFineArts CFL Inc is not liable or responsible for any errors or failure to do so. B. Tie Bids: In the event of a tie between a) an Internet absentee or Internet live bidder and b) a person participating on the telephone. The Auctioneer with RBFineArts CFL has the right to decide the winner based on bidding and payment performance. NOTE: In the event of a discrepancy between the House recording of the bid and the Internet auction recording of the bidding will take precedence. 16.) POOLING: Bid rigging is a serious crime, any illegal conduct by bidder or others will be immediately reported by RBFineArts CFL Inc to the U.S. Attorney and Department of Justice for investigation and prosecution of the law. A) Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise to dampen the bidding process, which is a felony under federal law. The law provides for fines of up to $10 million per violation for a corporate offender and $350,000 per violation for others, as well as imprisonment of up to three years. RBFineArts CFL Inc reserves the right to advance the bidding to protect the Seller during any instance where Bid Rigging may be occurring. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, are declared to be illegal. Every a person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.- TITLE 15 - COMMERCE AND TRADE, CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE. 15 USC Sec. 1, Geographic Distribution of Convictions for All Agencies, FY 2020. 17.) OWNERSHIP: Ownership, possession, and the risk of loss from any cause passes immediately to the Buyer when the Auctioneer announces the sale of a lot. Buyers are solely responsible for their purchases, and Seller and RBFineArts CFL Inc will have no responsibility for lost, stolen, or damaged lots. Auctioneers clerking records will be absolute in the event of a dispute. 18.) SALES TAX EXEMPTION: Lake County Florida state sales tax is 7%. Applicable Sales or use taxes will be added to the purchase price of taxable purchases. To be sales tax exempt, a current sales tax exemption certificate, including sales tax exemption number, must be presented to RBFineArts CFL Inc to avoid paying sales tax. a. Out of state taxes: As a result of recent and ongoing legislation, most U.S. states now require businesses to collect and remit sales tax on online purchases made from their states. Regardless of where sellers are located, they are required to charge tax on internet orders if the state mandates it. Each state has different requirements and thresholds on what is taxed and how much. Note that purchases shipped to or picked up in states that do not impose sales tax will not be subject to tax. - //help.liveacutioneers.com/article.503-tax-exemptions 19.) LEGAL DISPUTES: Bidder agrees that any controversy or claim arising out of this Auction, or any related dealings with RBFineArts CFL Inc or Seller must be resolved by final and binding arbitration with no appeal is permitted except as provided by Florida statute in the State of Florida in and for Lake County. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other all costs associated with the arbitration, including reasonable attorney's fees. Notwithstanding, this requirement for binding arbitration, the parties agree on RBFineArts CFL Inc, and Seller retain their right to pursue a traditional lawsuit against any Buyer for the collection of any payment due to them by RBFineArts CFL Inc for any purchase at the Auction and it is agreed that in that event the defaulting bidder will be responsible for all RBFineArts CFL Inc and/or Sellers costs of collection including reasonable attorney's fees of thirty-three and one-third percent (33.3%), plus a finance charge of two percent (2%) per month (24 percent per annum) from the date of the auction until the balance is paid in full. 20.) DAMAGE AND/OR LOSS: Auctioneer will have no responsibility for any loss or damage resulting from RBFineArts CFL Inc staff carrying, handling, or loading any item(s) for any person. RBFineArts CFL Inc is not liable for damage or loss of items not removed by 5 pm on the 12th calendar day after the auction per Terms and Conditions. 21.) ACCEPTANCE OF TERMS: Registering to bid and or placing a bid of any kind indicates to us that the bidder has a full understanding of the terms and conditions and accepts these terms along with the agreement to be so bound. Terms may not be amended in any way except by a signed, written agreement between RBFineArts CFL Inc and Bidder. If there is anything relevant to this Auction that you do not understand, please ask RBFineArts CFL Inc staff to assist you. The staff members of RBFineArts CFL Inc want your experience to be a smooth and positive one. 22.) If any disputes arise after the sale, the RBFineArts CFL Inc Auction Services sale record is final and conclusive. RBFineArts CFL Inc reserves the right to cancel any sale or remove any item prior to, or post-auction for any reason deemed necessary. 23.) This agreement will be construed and governed solely in accordance with the laws of the State of Florida and that the exclusive venue for any controversy or claim between them will be in the County of Lake, Florida. *If you choose to pay by credit card, please note that we impose a surcharge of 3.2% on the transaction amount on all credit card transactions, which is not greater than our cost of acceptance." "If you have a card on file with Live Auctioneers, it will be automatically charged 72 hours after you receive your invoice. If you have not contacted us to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the full amount listed on your invoice. If you have not contacted RBFineArts CFL Inc. to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice. SALES TAX Online purchases from RBFineArts CFL Inc. may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption. Show Less Autopay If you have not contacted RBFineArts CFL Inc. to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice. SALES TAX Online purchases from RBFineArts CFL Inc. may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption. Show Less Autopay If you have not contacted RBFineArts CFL Inc. to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice. SALES TAX Online purchases from RBFineArts CFL Inc. may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO ANY INDIVIDUAL / COMPANY, INDIVIDUAL / COMPANY SHOULD DISCONTINUE USING THE SERVICES. INDIVIDUAL'S / COMPANY'S CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH CHANGES, WILL INDICATE INDIVIVUAL'S / COMPANY'S ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

  
  

  Customer response

  03/20/2023

  
  Complaint: ********
  
  I am rejecting this response because:  this company committed MISREPRESENTATION OF MERCHANDISE.

  This business (1) INTENTIONALLY POSTED only selective pictures of "postcards" and (2) INTENTIONALLY EXCLUDED the overwhelming number of "greeting cards" included in the auctioned box/item.  Over half of the greeting cards were used & thereby worthless.  Not ONCE did the listing use the words "greeting cards".  

  Had I known there were any greeting cards, especially used ones, I never would have purchased the items.  This is an online auction thereby the majority of buyers are from out of state.  Their disclosures should not be used to protect them from misrepresentation of merchandise.

  I would like a full refund.  I will continue my efforts to make this right.

  
  Sincerely,
  
  ***** *******

  Business response

  03/23/2023

  We stand by our terms and conditions regarding the sale of these items and feel no misrepresentation occurred. Again the title stated UNRESEARCHED. The items in the containers were not emptied or checked out. We listed this lot as well as the other nine lots of UNRESEARCHED POSTCARDS sold to buyers.

  We again state as per our terms and conditions note in several places all items are sold as is and we do not give refunds. This buyer agreed to all of these terms and conditions when they registered and bid in the auction.

  We reiterate our last statement and again add excerpts specifically from our terms and conditions for this lot and all lots sold in this auction with the buyer. We stand by our terms and ask that they be adhered to in regards to the title stating “unresearched”.
  This buyer wanted specific WWII military postcards/cards per the email they sent in the first complaint. At no point did we state WWII military postcards/cards in the listing. If memory serves it was listed with reference to “WWII Era” to explain a possible timeline of: 
  When did World War 2 start and end timeline?
  Lasting six years and one day, the Second World War started on 1 September 1939 with Hitler's invasion of Poland and ended with the Japanese surrender on 2 September 1945.
  
  We did list the item as "Bunch Lot of 1400+ Lot of Used/Unused Postcards with Stamps, Unresearched". We did not pull all of the items from the crates consigned with our auction and only pulled a couple of handfuls and listed the item. We did list 10 lots of these cards all containing basically the same thing per the owner. We have no other issues or complaints from the other bidders. 
  In our opinion this buyer saw WWII and thought all were war postcards instead of noticing the phrase WWII Era. That is only our opinion. 
  We do state in our terms and conditions: RBFineArts CFL Inc. internet descriptions and printed materials are meant merely as a guide. The Auctioneers do not warrant the accuracy, genuineness, authenticity, condition, description, weight, count, or measure of any of the lots specified herein. As well all sales final. We do state in several places in our terms and conditions.
  Please note the buyer did not ask for additional photos of any of the lots as did many other buyers of these lots. Our offices work very hard to supply as much information and photos on each lot and are very willing, in fact prefer it, when a buyer asks for additional information on any lots, we have listed in our auction catalogs.
  We do try to adhere to our terms and conditions with our sales and would ask the bidders and buyers to do the same.
  The statements below are listed and repetitive in our terms and conditions specifically for buyers to review and understand. We say it repetitively, so the bidders and buyers understand them. In most instances they are understood.
  
  Please make sure you have read the Terms and Conditions before you bid. Any registration and/or bid placed by you does guarantee RBFineArts CFL Inc. you have read and will abide by the following Terms and Conditions of the sale. These Terms and Conditions control this Auction in all regards and supersede all previous announcements, advertisements, catalogs, and published information however distributed.
  The Auctioneers do not warrant the accuracy, genuineness, authenticity, condition, description, weight, count, or measure of any of the lots specified herein.
  PLEASE ASK FOR A CONDITION REPORT AND MORE PICTURES IF YOU HAVE QUESTIONS ABOUT THE ITEM. Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items sold AS-IS, Where-is! ALL SALES ARE FINAL! WE DO NOT GIVE REFUNDS ON A SOLD ITEM. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. Statements made by Auctioneer and/or staff of Auctioneer are opinions only and should not be construed as statements of fact.
  AUCTION CATALOGS: Catalogs, brochures, and internet descriptions are guides only based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. The auctioneer will not be liable for any errors or omissions. Statements made by Auctioneer and/or staff of Auctioneer whether oral or written, are only opinions and should not be construed as statements of fact.
  TERMS OF GUARANTEE: Each lot will be sold as-is, where-is with all defects and faults. No warranties or guarantees of any kind will be given by Seller or Auctioneer including any warranty of fitness, merchantability, or suitability.
  Bidders should, whenever possible, carefully inspect each lot to determine condition and contents. All weights, counts, and measurements are approximate. Bidder acknowledges that all lots were available for inspection prior to the Auction and that he or she relied solely on their own inspection of the lots and not any information listed in the catalog or otherwise provided by the Auctioneer, the Auction staff, or Seller. It is the responsibility of the buyer to obtain all possible information prior to bidding. If you are not completely satisfied with an item before you bid, DO NOT BID. Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL!
  Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL! WE DO NOT GIVE REFUNDS ON A SOLD ITEM. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale. 13.) Please determine condition, genuineness, and/or authenticity BEFORE you bid as all items are sold AS-IS, Where-is! ALL SALES ARE FINAL! WE DO NOT GIVE REFUNDS ON A SOLD ITEM. All sales are final, and all property is sold ?as is.? RBFineArts CFL Inc. does not give refunds. RBFineArts CFL Inc., in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale.

• Initial Complaint

  01/31/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Date of January 29, 2022 Lot 297 Large Group Of Vintage & Antique Marbles Open bid $100 Estimated sale price $200-$400 I clicked on the button to bid on this item, and the price for this item quickly rose from $100-$120-$140-$160-$180 and finally settling on with $180 or $200. Then the auction moved on to the next item for auction. I went back to see what this Lot #297 sold for and it showed it had not sold. I called RBFinearts to inquire about this item and was told the reserve of $500 was not met so it did not sell. This alerted me to the scam this company is running. If a consumer clicks on the link to bid, then fake bids are generated to get the unsuspecting consumer to up their bid, when there is really no legitimate competing bid. Please research this and shut this scam down.

  Business response

  02/25/2022

  Business Response /* (1000, 5, 2022/02/02) */ In reference to this item or any item being bid in our auction we do have 6 different platforms being clerked at the same time in our offices and we are not required to list reserve prices. This is the listing in which to complainant has inquired about: ***************************************************************************************** The bidder should and we do wish they really would read our terms and conditions on bidding which is included here:14.) WINNING BIDDERS: The highest bidder for a lot as recognized by the Auctioneer, will be the buyer, subject to the satisfaction of any reserve amount for that lot. The purchaser assumes responsibility for items at the fall of the hammer. A lot is sold when the Auctioneer indicates such in a customary manner. Please see section 4: Important Notice. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the preserve. This will be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers? bids. Auctioneers reserve the right to invoke Auctioneer's discretion at any time during the bidding process. If any dispute arises after the sale, the RBFineArts CFL Inc Auction Services sale record is final and conclusive. RBFineArts CFL Inc reserves the right to cancel any sale or remove an item prior to, or post-auction for any reason deemed necessary. 15.) INTERNET BIDDING: All bidder names and bidders are held in strict confidence, disclosed only in the event of a question after the sale. Internet bidding is a convenience offered to our customers and Auctioneer and Auction Staff are not responsible for you not winning your bid(s) due to any human, electronic, or technical error/failure of any kind. a. Absentee Bids: If you place an absentee bid(s) on the internet, then by phone, or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. RBFineArts CFL Inc is not liable or responsible for any errors or failure to do so. b. Tie Bids: In the event of a tie between A) an Internet absentee or Internet live bidder and B) a person participating on the telephone. The Auctioneer with RBFineArts CFL has the right to decide the winner based on bidding and payment performance. NOTE: In the event of a discrepancy between the House recording of the bid and the Internet auction recording of the bidding will take precedence. 16.) POOLING: Bid rigging is a serious crime, any illegal conduct by bidder or others will be immediately reported by RBFineArts CFL Inc to the U.S. Attorney and Department of Justice for investigation and prosecution of the law. a. Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise to dampen the bidding process, which is a felony under federal law. The law provides for fines of up to $10 million per violation for a corporate offender and $350,000 per violation for others, as well as imprisonment of up to three years. RBFineArts CFL Inc reserves the right to advance the bidding to protect the Seller during any instance where Bid Rigging may be occurring. b. ?Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, are declared to be illegal. Every a person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.?- TITLE 15 - COMMERCE AND TRADE, CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE. 15 USC Sec. 1, Geographic Distribution of Convictions for All Agencies, FY 2020. This buyer does have an invoice due to our offices for other items he did bid and win and refuses to comply with the same terms and conditions he agreed to when he registered for our auction. We have attached this partial invoice with the item numbers and notice that it was sent to him on 1-29-2022 at 7:35 pm. He did also harass our offices with multiple phone calls during the auction to the degree that his phone calls were ignored. Anger because of not winning an item is understandable but this type of behavior is unacceptable on any level. Consumer Response /* (3000, 7, 2022/02/03) */ (The consumer indicated he/she DID NOT accept the response from the business.) If you look at the auction item in dispute you will see that there is an expected value of $200-$400 and that would be the price one would expect to pay to win the auction. For RBFinearts to say that there was a $500 reserve on this item and that the marbles would not be sold under that reserve flies in the face of their own listing. This is a sham and should be addressed. This auction house should be shut down for this type of activity. Business Response /* (4000, 9, 2022/02/08) */ We do again reiterate that this consumer is basically upset because he did not get what he wanted for the price he wanted. This does actually happen in auctions such as ours and many auction companies worldwide. We do again list the bidding statement in our terms and conditions which the bidder should have read before agreeing to bid in our auction. 14.) WINNING BIDDERS: The highest bidder for a lot as recognized by the Auctioneer, will be the buyer, subject to the satisfaction of any reserve amount for that lot. The purchaser assumes responsibility for items at the fall of the hammer. A lot is sold when the Auctioneer indicates such in a customary manner. Please see section 4: Important Notice. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the preserve. This will be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers? bids. Auctioneers reserve the right to invoke Auctioneer's discretion at any time during the bidding process. If any dispute arises after the sale, the RBFineArts CFL Inc Auction Services sale record is final and conclusive. RBFineArts CFL Inc reserves the right to cancel any sale or remove an item prior to, or post-auction for any reason deemed necessary. 15.) INTERNET BIDDING: All bidder names and bidders are held in strict confidence, disclosed only in the event of a question after the sale. Internet bidding is a convenience offered to our customers and Auctioneer and Auction Staff are not responsible for you not winning your bid(s) due to any human, electronic, or technical error/failure of any kind. a. Absentee Bids: If you place an absentee bid(s) on the internet, then by phone, or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. RBFineArts CFL Inc is not liable or responsible for any errors or failure to do so. b. Tie Bids: In the event of a tie between A) an Internet absentee or Internet live bidder and B) a person participating on the telephone. The Auctioneer with RBFineArts CFL has the right to decide the winner based on bidding and payment performance. NOTE: In the event of a discrepancy between the House recording of the bid and the Internet auction recording of the bidding will take precedence. 16.) POOLING: Bid rigging is a serious crime, any illegal conduct by bidder or others will be immediately reported by RBFineArts CFL Inc to the U.S. Attorney and Department of Justice for investigation and prosecution of the law. a. Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise to dampen the bidding process, which is a felony under federal law. The law provides for fines of up to $10 million per violation for a corporate offender and $350,000 per violation for others, as well as imprisonment of up to three years. RBFineArts CFL Inc reserves the right to advance the bidding to protect the Seller during any instance where Bid Rigging may be occurring. b. ?Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, are declared to be illegal. Every a person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.?- TITLE 15 - COMMERCE AND TRADE, CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE. 15 USC Sec. 1, Geographic Distribution of Convictions for All Agencies, FY 2020. This consumer has every right to his opinion on what he believed should have happened but the facts are our terms and conditions that we do follow. The owner/consignor of the item has a set reserve on the item and if this reserve is not met we cannot sell the item/s per our contract with them. We do also state this in our terms for each and every item listed: (4: Important Notice. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the preserve. This will be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers bids. Auctioneers reserve the right to invoke Auctioneer's discretion at any time during the bidding process. If any dispute arises after the sale, the RBFineArts CFL Inc Auction Services sale record is final and conclusive. RBFineArts CFL Inc reserves the right to cancel any sale or remove an item prior to, or post-auction for any reason deemed necessary. So while this consumer is upset he did not get what he wanted we are bound by our contract and terms and conditions. As consumers ourselves we do respect contracts and terms and conditions of any business trying to operate in this time. The consumer/complainant may be upset but again we do stand by our policies we place in writing for all parties involved. We do again reiterate that this consumer did bid and win three separate items other than the items he wanted and refuses to pay per the terms and conditions he agreed to as well when he registered to bid. Consumer Response /* (4200, 11, 2022/02/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) Obviously this business will obfuscate and evade addressing the complaint directly. They are not a legitimate auction house when they take it upon themselves to run up the bidding just to get the unsuspecting buyer to keep increasing their bid, when there is no true opposing bidder other than the auction house itself. I find this disgusting and illegitimate, and feel that they should not be operating as an auction house. They have not provided any proof that the auction item in question had a $500 reserve on it which they said it had. I would never do business with this auction house.

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