THE PLACING OF A BID SHALL CONSTITUTE ACCEPTANCE OF THESE CONDITIONS OF SALE BETWEEN BIDDER AND MICHAEL ROGERS ONLINE (MRO), formerly DANBURY STAMP SALES,
a division of DANIEL F. KELLEHER AUCTIONS, LLC
1. Unless announced otherwise by the auctioneer, all bids are per lot, as numbered in the printed Catalogue. MRO, as agent for the consignor or vendor, shall regulate the bidding and shall determine the manner in which the bidding shall be conducted. MRO reserves the right to withdraw any lot prior to sale (without liability to any potential purchaser or agent), to re-offer any withdrawn lot, to divide a lot or to group two or more lots belonging to the same consignor or vendor, and to refuse any bid believed not made in good faith. Suggested bid values or estimates of sales prices contained in the online catalogue reflect the best judgment of MRO and are not minimum or upset prices.
2. Bids shall be made in the steps set forth on the bidding page, and will be reduced to the nearest bid increment. Lots will be sold to the highest bidder at no more than the bid price, and possibly less if the bid is above the Suggested Bid (Sug. Bid) value listed and above any reserve.
Should a dispute arise between bidders MRO alone shall determine who the successful bidder is and whether to reoffer the lot in dispute. Should a dispute arise after the sale, MRO sale records shall be conclusive. On all lots sold, a commission of 20% on the hammer price is payable by the buyer to MRO together with any sales and use tax or customs duties.
3. (a) The auctioneer reserves the right to bid on behalf of clients (and consignors or vendors) but shall not be liable for errors and omissions in executing instructions to bid, however received, and whether such errors or omissions be those of the bidder or agent or those of the auctioneer.
(b) Lots are offered subject to a reserve price. The auctioneer will implement such reserve price by bidding on behalf of the consignor vendor.
(c) It may also be assumed that all consignors have been advanced monies against the sale of their consigned material and MRO therefore has a security interest in the consigned material over and above the normal auction commission.
(d) Purchases made by a consignor or vendor or his agent on his own lots shall be considered as a sale subject to commissions and sales tax as applicable.
(e) Agents are responsible for the payment of the purchase price for all purchases made on behalf of their clients, unless other arrangements with the auctioneer have been confirmed in writing prior to the auction.
PAYMENT FOR PURCHASES
4. (a) Payment for lots, including those on which opinions are desired (Condition of Sale 7), shall be as follows:
(b) Floor Bidders. Payment of the purchase price, or such part there of as MRO shall require, shall be made by the purchaser in cash or bank or certified check or in such other manner as MRO may determine. The name and address of the purchaser of each lot shall be given to the auctioneer immediately following the sale of such lots.
(c) Mail Bidders. A successful mail bidder will be notified of lots purchased. Before MRO will send such lots, payment in full must be received by MRO within three (3) business days of receipt of the aforesaid notification by the mail bidder. However, a purchaser known to MRO at its option may have purchases delivered or forwarded for immediate payment (by a dollar draft on a U.S. bank in the case of overseas purchasers). Mailed delivery will be to the address on the bid sheet and proof by MRO of receipt of a sending at the advised address shall constitute delivery. All charges for handling, delivery and insurance obtained by MRO on behalf of the purchaser shall be added to the purchase price; a minimum charge of $6.00 will be made. Risk of loss in transit shall be on the purchaser.
5. Title shall not pass to the purchaser until full payment has been received by MRO as agents for the consignor or vendor.
6. (a) Purchasers agree to pay for lots as specified in Condition of Sale 4 (or as the same may be modified by Condition of Sale 8), and no credit is extended; a late payment charge of 2% per month or fraction thereof shall be added if payment is not made in accordance with the aforesaid conditions.
(b) In the event that a bidder shall fail to comply with these Conditions of Sale ("Non-Complying Bidder"), then, as to any lot with respect to which such failure to comply occurs, MRO, may, in its sole discretion, re-offer such lot during the same auction or at an auction at a later time, or by private treaty at such time as MRO Auctions, in its sole discretion, deems appropriate and the Non-Complying Bidder shall be liable for the deficiency, if any, between the hammer price and the net proceeds of a sale to a subsequent purchaser, whether at auction or by private treaty, as well as for all costs and expenses of both sales, all other charges due thereunder, including commissions with respect to both sales, whether payable to MRO or to a third party and all incidental damages. It shall be in MROs' sole discretion to determine whether to re-offer the lot theretofore hammered-down to a Non-Complying Bidder at the same auction, or by private treaty in due course, or at a subsequent auction conducted by MRO. In no event shall any surplus arising from the sale of a re-offered lot be payable to a Non-Complying Bidder.
(c) A defaulting purchaser shall be deemed to have granted MRO a security interest in property in MRO's possession owned by such purchaser. MRO shall have all of the rights afforded a purchase money secured party under the New York, Connecticut or Massachusetts Uniform Commercial Code with respect to such property and may apply against such obligations all monies held or received by it for the account of, or due from MRO to such purchaser. MRO is authorized to file a Financing Statement in order to perfect its rights as a secured party.
(d) If MRO takes any legal steps to secure payment of a delinquent account, the defaulting purchaser shall be liable for all legal and other expenses incurred by MRO to secure such payment, including but not limited to a reasonable allowance for attorneys' fees. For purposes of this paragraph, the term legal steps shall be deemed to include any and all consultation by MRO with its attorneys with respect to all matters arising out of a delinquent account.
(e) Unless otherwise acceptable to MRO, payment is to be made only in the form of cash, bank check or certified check, personal check (which must clear prior to delivery of lots), credit card (AMEX, Visa, MasterCard and Discover), PayPal or a bank wire transfer. Payments made by credit card are accepted as a courtesy without surcharge, if paid within 15 days of sale date.
Please contact us for our wiring instructions.
EXHIBITION AND INSPECTION OF LOTS; QUALITY AND AUTHENTICITY
7. (a) See viewing schedule for on-premises viewing. Ample opportunity is given for on premises inspection prior to the auction date, and, upon written request and at MRO's discretion.
(b) Each lot is sold as genuine and correctly described, based on individual description as modified by any specific notations in this Catalogue.
(c) Quality. Any lot which a purchaser considers to be incorrectly described may be returned to MRO within two weeks of its receipt by such purchaser ("Returning Purchaser"), provided, however, that the same is received by MRO within four weeks of the date of the auction; however, MRO may, in its discretion, refuse acceptance of such returned lot. If an opinion of a mutually acceptable authority is desired, the period of time within which a lot must be received by MRO will be extended in accordance with Condition of Sale 8. In the event that a dispute cannot be resolved by reference to a mutually acceptable authority, and MRO thereupon undertakes to re-offer the lot with a description identical to the description disputed, the Returning Purchaser shall be liable for the deficiency, if any, between the proceeds of the sale to the Returning Purchaser and the proceeds of a sale to a subsequent purchaser, as well as for all costs and expenses of the resale, including commission, and all incidental damages. Any lot, the description of which is disputed, must be returned intact and in the original packaging and in the condition received (unaltered) by the purchaser. The following lots are not returnable except at the discretion of MRO: (i) lots from purchasers who attended the exhibition of the lots; (ii) lots examined by postal viewers; (iii) lots on account of their appearance, if they are illustrated in this online catalogue; or (iv) lots described as having repairs, defects or faults for any reason. (v) lots containing more than ten (10) items.
(d) Authenticity. Any lot which is declared otherwise than genuine by a generally recognized authority is returnable, provided such lot is received by MRO within four weeks of the date of the auction. Proof that a mutually acceptable authority declines to express an opinion is not grounds for the return of a lot.
(e) Expenses incurred a purchaser in the submission and the return of a lot under Conditions of Sale 7 are not subject to refund.
(f ) Numerical grading is subjective and is based upon the condition of each issue. Lots may not be returned if a third party grades a stamp at lower than our grade.
(g) Lots with existing Certificates from the Philatelic Foundation (PF) or Professional Stamp Experts (PSE), British Philatelic Association (BOA), Royal Philatelic Society of London (RPSL), Vincent Graves Green Foundation (VGG) or any other expertizing authority as recognized by the International Association of Philatelic Experts (AIEP), for items within their specialty and dated within the last seven (7) years from the date of sale, will be offered and sold on an "as-is" basis and as so stated on the certificate. Such lots may not be returned for any reason, including but not limited to a contrary verbal or written opinion or certificate.
SALES TAX/CUSTOMS DUTIES
8. Unless presentation of satisfactory proof that it is exempted by law, a purchaser shall pay to MRO the Connecticut or Massachusetts and local sales taxes, or any compensating use taxes of any other State claiming jurisdiction. Buyers outside the U.S. are responsible for all customs duties. A purchaser shall indemnify MRO and hold it harmless of and from any claims of any jurisdiction for sales taxes relating to the purchase of articles at the auction, whenever the same may arise.
9. All matters arising out of this auction shall be governed by the laws of the State of Connecticut without giving effect to the choice of law principles thereof.
10. Any controversy or claim arising out of or relating to this auction shall be settled by arbitration in the City of New York, State of New York in accordance with the Rules of the American Arbitration Association and judgment upon the award rendered by the Arbitrator or Arbitrators may be entered in any Court having jurisdiction.
JURISDICTION AND VENUE OF ACTIONS
11. The purchaser at this auction (a) consents and submits to the jurisdiction of the Courts of the State of Connecticut or New York and of the Courts of the United States for a judicial district within the territorial limits of the State of Connecticut for all matters arising out of this auction sale, including, without limitation, any action or proceeding instituted for the enforcement of any right, remedy, obligation and liability arising under or by reason thereof; and (b) consents and submits to the venue of such action or proceeding in the City of Danbury, County of Fairfield, State of Connecticut (or such judicial district of a Court of the United States as shall include the same), and (c) further consents that service of process in any action relating thereto may be effected by registered mail, return receipt requested address to the purchase at the address given to the auctioneer at the time of the sale.
12. Bidding Steps are as published in the following link: click here to see them online; bids made out of increment will be reduced to the next increment. Example: $603 bid will be reduced to $600, etc.
BIDS BY TELEPHONE
(a) Must be confirmed in writing unless waived by the auctioneer.
(b) Any errors are the responsibility of the bidder.
BIDS BY FAX, EMAIL, INTERNET, STAMP AUCTION NETWORK (SAN)
Bids must be received before sale ends - be sure to use
FAX: (203) 297-6059 or
NOTE: Any bids received over the weekend via telephone, email and/or Fax, and are time stamped before sale closing will be accepted and entered Monday morning.
This policy covers information that you give us when you bid or purchase something from us or consign stamps or other goods to us, register for or attend any of our live events around the world, visit or register for any of our branded websites, request a catalog, sign up for any of our print or online publications or newsletters or publish information on our pages on social media platforms. We will publish a link to this policy at the bottom of online properties to which it applies and as often as possible, will include its URL on paper forms to which it is applicable.
How Kelleher Will Collect Information About You
Personal information is information, or a combination of pieces of information that could reasonably allow you to be identified. We will collect personal information about you from a variety of sources, including information we collect from you directly (e.g. when you contact us), information we collect about you from other sources and information we collect automatically from you, as described below:
Information We Collect Directly From You
The categories of information that we collect directly from you are: personal details (e.g., name), contact details (e.g., phone number, email address, postal address), transaction information (e.g., bidding records, shipping details, information about items you purchase or wish to consign), limited financial information (e.g., summarized payment information in connection with your purchases, wire instructions), information you may provide concerning your collecting interests, and identification information.
We rely on the information you provide to us or that we collect or observe about your individual interactions with us, for example, if you attend a live event, participate in one of our auctions, become a client, or register online.
Information We Collect From Other Sources
We may add public information about you from external sources. The categories of info we collect about you from other sources are your public profile information, and professional organizational affiliations. We may work to expand our customer base by acquiring names, contact data, financial information, affiliations, and demographic information from other sources such as private companies, public registers, and social media sites. We may also generate information such as appraisals, profiles, and a history of our relationships with you based on the information you have provided or that we have obtained from other sources.
We may make video recordings of our auctions and certain live events.
Information We Collect Automatically
We may use common data collection technologies as you visit our websites or interact with our emails:
Our logs gather date and time information about your visit to our web sites when you bid in our auctions.
Information That We Do Not Collect Or Store
Kelleher does not store client credit card information. We have a link on our web site to a secure credit card processing portal. That portal allows you to enter your credit card information in order to pay invoices that you may owe to us. Your credit card information never reaches us and is not stored by us. Rather it is passed directly to the credit card processor via a secure transmission method using advanced encryption technologies. Please do not send us your credit card information directly, even in emails.
How Kelleher Uses Information About You
Kelleher uses data about you for the following purposes:
To manage and assure the integrity of our auctions.
To fulfill your orders, facilitate consignments, provide the services, publications, catalogs, and information you request, and manage your account, enquiries and requests and to manage your relationship with us.
To send you information about upcoming events and content that you may be interested in.
To improve and personalize our website and services.
To match online ads to your interests, arrange for Kelleher's and other companies’ ads to reach you after you have left our sites, and help advertisers show you ads that are more relevant to your interests.
To expand our online audiences.
To provide, maintain, and protect our digital offerings.
To protect against risk of fraud by clients.
To protect and defend our rights and property, you, or third parties.
To comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies.
For any other purpose that we tell you about specifically when you register or provide data about yourself to us.
When Kelleher May Disclose Information That Identifies You
Kelleher may disclose or transfer data that identifies you to other companies or entities only as follows:
To business partners and vendors that work on our behalf to provide services such as item shipments, mailings, customer account and technology support, secure payment processing, fraud prevention and digital marketing management.
To our online auction partners.
To consignors and others as needed to facilitate a consignment.
To organizations with whom we partner to host events.
To law enforcement or other entities that present valid legal process or in our discretion, unless otherwise prohibited by law, to protect human safety, our rights, or the rights of others.
To meet certain legal compliance requirements for example, under anti-money laundering laws, or customs/import laws and regulations.
As part of a sale, merger, liquidation, or transfer of our business assets.
You have a choice about and control over:
Receiving marketing messages from us. We may contact you by email, text, or SMS messaging.
You may also stop email marketing by using the "opt out," or "unsubscribe" mechanism at the bottom of our email marketing messages.
Whether your account is up to date. Before we are able to provide you with any information, correct any inaccuracies, or delete any information about your account, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
Information Security And Storage
We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Please be aware, though, that no security measures are perfect or impenetrable. In particular, you remain responsible for protecting the security of information you transmit to us over the Internet, other than credit card information passed via our secure online payment portal (see below).
We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
Maintain business records for analysis and/or audit purposes.
Comply with record retention requirements under the law or other relevant legal or regulatory requirements.
Defend or bring any existing or potential legal claims.
Deal with any complaints regarding services.
Preserve historical records of transactions and property.
We will delete your personal information when it is no longer required for these purposes.
Our websites are directed to adults. They are not directed to children, particularly under those under the age of eighteen. We do not accept them as clients or knowingly collect data about them.
Our websites may contain links to other websites not owned or controlled by Kelleher. Those websites may collect information about you. Kelleher is not responsible for their practices or content.
How To Contact Us
Daniel F. Kelleher Auctions, LLC
22 Shelter Rock Lane, Unit 53
Danbury, CT 06810, USA
Additional Information for EEA Customers and Visitors to Kelleher's Sites
In order to meet privacy regulations in the European Economic Area ("EEA") and Switzerland, Kelleher provides additional information to its EEA based customers and website visitors.
Who is responsible for your data?
If you visit Kelleher's website, or participate in a Kelleher auction, then the data controller will be Daniel F. Kelleher Auctions LLC, a US entity, and this policy contains our contact details.
What is the legal basis on which Kelleher relies to process your data?
On some occasions, Kelleher processes your data with your consent (e.g., when you agree that we may place cookies, or if you ask Kelleher to send you information about upcoming events).
On other occasions, Kelleher processes your data when we need to do this to fulfill a contract with you (e.g., for billing purposes) or where we are required to do this by law (e.g., where we have to fulfill anti-money laundering requirements). If it is mandatory for you to provide data for these purposes, we will make this clear at the time and will also explain what will happen if you do not provide the data (e.g., that we will not be able to process a bid at auction).
Kelleher also processes your data when it is our legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, Kelleher has a legitimate interest in ensuring the security and integrity of our auctions, in learning about the interests and preferences of our current and prospective clients, in developing new business opportunities, in maintaining accurate business and provenance records, and in ensuring that our websites operate effectively. When we process personal information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.
Kelleher may transfer personal data to countries outside the EEA, including countries which have different data protection standards than those which apply in the EEA.
You may ask Kelleher for a copy of your personal information, to correct it, erase it, restrict our use of it, or to transfer it to other organizations at your request subject to local law. You also have rights to object to some processing and, where we have asked for your consent to process your data, to withdraw this consent. In particular, you have rights to object to direct marketing at any time. Where we process your data because we have a legitimate interest in doing so (as explained above), you also have a right to object to this. These rights may be limited in some situations - for example, where we can demonstrate that we have a legal requirement to process your data.
If you would like to discuss or exercise such rights, please contact us at the details above. We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate. We will contact you if we need additional information from you in order to honor your requests. We hope that we can satisfy queries you may have about the way we process your data. We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. However, if you have unresolved concerns and believe that we have not been able to assist with your complaint or concern, you also have the right to complain to data protection authorities.
Changes to this policy
You may request a copy of this policy from us using the contact details set out above. We may modify or update this policy from time to time.
If we change this policy, we will notify you of the changes by updating this policy on our website. Where changes to this policy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g., to object to the processing if you are located in the EEA or Switzerland).
Michael Rogers Online - Auction 5034
U.S.A., British Commonwealth, Europe and Worldwide