Lake Sherwood | Downsizing Auction | Furniture, Tools, Décor

Terms & Conditions of Sale
These Terms and Conditions of Sale (“Terms”) constitute a binding agreement between Gavel & Grace, LLC (“Auctioneer,” “we,” “our,” or “us”) and all persons or entities who register to bid, place a bid, or purchase property through any auction conducted by Gavel & Grace (“Bidder,” “Buyer,” or “you”). By registering to bid or placing any bid, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms.

1. General Terms of Participation
All auctions conducted by Gavel & Grace are subject to these Terms. Gavel & Grace reserves the right to deny registration or bidding privileges to any person for any reason and to modify or update these Terms at any time. All registered bidders must be at least 18 years of age and legally capable of entering into a binding contract for the purchase of goods.

2. Condition of Property and “As-Is” Sale
All property is sold “AS IS, WHERE IS, WITH ALL FAULTS” without any express or implied warranties, representations, or guarantees of any kind, including but not limited to merchantability, fitness for a particular purpose, authenticity, age, provenance, or condition. No previews are offered. All available photographs and descriptions are provided for informational purposes only and may not reflect every detail or imperfection. Bidders are solely responsible for reviewing item descriptions and images prior to bidding and assume all risks of purchase without physical inspection. No claim will be accepted for any variance in description, condition, size, weight, color, or other attribute of any item.

3. Bidding Process
All bids placed are final and constitute a binding contract to purchase the item at the stated hammer price plus applicable Buyer’s Premium. Bids may not be retracted or canceled under any circumstances. The Auctioneer reserves the right to reject any bid, cancel or reopen bidding, or withdraw any lot at any time before, during, or after the sale if an error, dispute, or irregularity occurs. The Auctioneer’s records shall be conclusive in all disputes regarding bids, buyers, and final sale results.

4. Buyer’s Premium and Payment Terms
A Buyer’s Premium will be added to the final bid price of each lot sold. All invoices will be automatically charged to the credit card on file immediately following the close of the auction. All sales are final. No chargebacks, refunds, or exchanges will be accepted. The Buyer authorizes Gavel & Grace to process the payment for the total purchase amount, including Buyer’s Premium and any applicable fees, and acknowledges that failure to make full payment constitutes a material breach of this Agreement.

5. Chargebacks, Refunds, and Fraudulent Claims
All sales are final. No refunds or exchanges will be accepted. Buyers agree not to initiate a chargeback or payment dispute without first contacting Gavel & Grace to attempt resolution in good faith. Unauthorized or fraudulent chargebacks may result in account suspension, denial of future bidding privileges, and possible legal action to recover any losses incurred.
By registering to bid and completing a purchase, the Buyer expressly authorizes Gavel & Grace to charge the credit card on file for the full amount due, including any Buyer’s Premium and applicable fees. The Buyer remains responsible for payment even if a chargeback is later initiated. All costs, attorney’s fees, and administrative expenses associated with recovering funds from a chargeback or reversal shall be the responsibility of the Buyer.

6. Pickup and Removal of Property
The pickup location will be disclosed to winning bidders after the auction concludes. Buyers must schedule a pickup time within the posted pickup window(s). Buyers are solely responsible for all loading, packing, dismantling, carrying, lifting, and transportation of purchased property. Gavel & Grace does not provide dollies, tools, moving equipment, labor, or assistance of any kind. Buyers must bring adequate personnel and equipment to safely remove items from the premises. Gavel & Grace, LLC and the property owner assume no responsibility or liability for accidents, injuries, or damages sustained by any person or to any property during inspection, pickup, or removal, whether occurring on or off the premises. Buyers enter all pickup locations at their own risk. Any item not picked up within the designated timeframe will be deemed abandoned and forfeited without refund or credit.

6A. Property Entry and Safety Waiver
By participating in the auction and entering any property for preview, inspection, or pickup, the Buyer expressly acknowledges and agrees that: (1) They are entering private property at their own risk; (2) They are responsible for their own safety and the safety of any helpers or agents; (3) Gavel & Grace, LLC, the property owner, and their employees, agents, and contractors shall not be liable for any injury, loss, or damage arising from access to, or removal of, purchased property; and (4) The Buyer agrees to indemnify, defend, and hold harmless Gavel & Grace, LLC and the property owner from any and all claims, demands, or causes of action relating to such entry, loading, removal, or transport activities.

7. Abandoned or Forfeited Items
Failure to schedule or attend pickup within the listed timeframe constitutes abandonment of property. Abandoned items become the sole property of Gavel & Grace, which may dispose of, resell, or donate such property at its sole discretion. The Buyer remains responsible for the full purchase price, including Buyer’s Premium and any fees incurred.

8. Shipping
Shipping is not offered at this time. Buyers are responsible for in-person pickup of all purchases within the designated pickup window.

9. Technology and System Malfunctions
Gavel & Grace is not responsible for any errors, delays, interruptions, or failures of the auction platform, internet connection, or other technology used in conducting the auction. Bidders are advised not to wait until the final seconds to place bids. In the event of a system malfunction or uncontrollable event (including weather or power outages), Gavel & Grace may extend, pause, or cancel any portion of the auction without liability.

10. Indemnification
The Buyer agrees to indemnify, defend, and hold harmless Gavel & Grace, its owners, officers, agents, employees, contractors, and affiliates from and against any and all claims, liabilities, losses, damages, demands, costs, or expenses (including reasonable attorney’s fees) arising out of or relating to: the Buyer’s breach of these Terms, the Buyer’s purchase, use, or resale of any property, or any violation of law or third-party rights by the Buyer.

11. Limitation of Liability
To the fullest extent permitted by law: Gavel & Grace, its affiliates, and agents shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages of any kind, including but not limited to lost profits, loss of business, or emotional distress. In all circumstances, the maximum aggregate liability of Gavel & Grace, its affiliates, and agents for any claim arising out of or relating to any auction shall not exceed the purchase price actually paid by the Buyer for the specific lot in dispute.

12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or any auction shall first be submitted to non-binding mediation administered by a mutually agreed-upon mediator located in St. Louis County, Missouri. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) in St. Louis County, Missouri. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorney’s fees and costs.

13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified or severed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

14. Acknowledgment and Acceptance
By registering for any auction, placing a bid, or completing a purchase, the Buyer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions of Sale. These Terms constitute the entire agreement between the Buyer and Gavel & Grace, superseding all prior discussions or representations.
Gavel & Grace, LLC
St. Louis County, Missouri

HiBid Consent Text:
By registering to bid, I acknowledge that I have read and agree to the Terms & Conditions of Sale for Gavel & Grace, LLC. I understand that all items are sold as-is, where-is, with all faults, and that all sales are final with no chargebacks or refunds.
(Version Date: 10/01/2025)