• This policy explains how Jackson Galleries handles Artifact Brokerage and Escrow Services accounts through the course of operating an online business.
• This Policy is in addition to, and in some instances overrides, our General Terms and Condition and all other policies currently in use by Jackson Galleries.
• This policy does not apply to the policies of companies that Jackson Galleries does not own or control, or to people that Jackson Galleries does not employ or manage.

• This page states the Terms and Conditions under which you, as an artifact seller, may use Jackson Galleries Artifact Brokerage and Escrow Services (the "Services"), which is owned and managed by Jackson Galleries.
• Please read this page carefully. By agreeing to use these Services, you agree to be bound by all of the Terms and Conditions as set forth below. If you do not accept these Terms and Conditions, the Services will not be available for your use as a artifact seller. Jackson Galleries may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should visit this page periodically to review the Terms and Conditions.

• Jackson Galleries offers Brokerage and Escrow services for sellers with needs to market their artifacts with added security, authenticity, and refund guarantees for potential buyers to purchase with high-confidence.
• Brokerage Services include the culling of items submitted by the seller, hosting of the items on the Jackson Galleries Artifact Brokerage Site, marketing items through Brokerage Direct Mail and BUY/BID catalogs, shipping sold items to buyers, and any other services needed to ensure the approproate marketing of items for sale.
• Escrow Services include the maintenance of minimum return policy per industry norm, processing transaction payments, completion of transaction by fullfilling final payment less Services fees and any other services needed to ensure the security of a transaction.

• The Seller guarantees the Jackson Galleries Brokerage Service and the Purchaser that the Seller is the true owner or is authorized to sell the item in question on behalf of the owner or may legally transfer the item and related rights of ownership with no risk of claims from third parties and retention rights.

• The Seller guarantees that the item(s) for sale were not acquired, collected, purchased, or received in conflict with International, Federal, State, or Local laws governing Importation, Collection, Sales, or any other law or treaty pertaining to possession of Antiquities of any kind.
• Jackson Galleries, and the Jackson Galleries Brokerage Service operates in accordance with, and sometimes in cooperation with: International, Federal, State, and Local: Treaties, Laws, Ordinances, and Agencies

• The Seller will provide at time of agreement, all information and documentation (including Certificates of Authenticity or formal reports disputing authenticity) reasonably deemed necessary or desirable by the Brokerage in connection with performing its services. Seller represents to Jackson Galleries and the Service that all written materials and other information (for example: recorded provenance and pedigree of ownership) will be correct and complete. Seller understands that this information will be used by Jackson Galleries to market the Item(s) to prospective purchasers and that the original copies of all documentation and information will be provided to the Purchasers upon completion of sale.

• The Seller authorizes Jackson Galleries to collect the sum made on the sale of the item in addition to the commission and other associated fees which shall be charged to the seller. The agreed net sum shall be transferred to the seller in accordance with the Terms of Payment.

• The Seller has the option of limiting the period of time their items are marketed through the Brokerage Site. The seller has the option of 30 days (minimum), 60 days, 90 days or an indefinite period beyond 90 days with which to allow the Brokerage Service time to market the items. Periods beyond 90 days may be ended at any time at the Seller's request.
• The seller must select a time period at time of submission. The Marketing period begins the moment the pieces are available for sale through the Brokerage Service. The seller understands that this marketing period gives the Brokerage exclusive rights to sale.
• Items listed with the Service will remain in the custody of Jackson Galleries until the expiration of the listing period for those specific items.

• In the act of providing Escrow Services for the Purchaser's security, Jackson Galleries will with-hold payment until the return-period associated with that sale expires. In the case of a return or notification of return inside of the return period, this agreement authorizes Jackson Galleries to provide refunds to the purchaser for the full purchase price of the item. The Seller is responsible for any fees Jackson Galleries incurs as a result of providing the refund.
• Items Sold by the Jackson Galleries Brokerage Service on behalf of the seller are backed by a minimum 14-day return period for any reason per industry standards. Sellers are encouraged to offer return periods beyond 14 days for authenticity guarantees (30 days is suggested). Any guarantee of return beyond the 14-day return period or those previously contracted with Jackson Galleries to offer, is the full responsibility of the seller. In the event of such a return, the seller will be contacted by the Brokerage Service to contact the buyer to facilitate a return.
• The start of the 14-day return period or any other return period offered is defined as the delivery date recorded by the shipper, which includes signature tracking; or date-of-receipt in person by the buyer at the Jackson Galleries Brokerage location. The return period expires on the 14th day. Un-Notified returns must be postmarked by this 14th day. A Buyer may pro-actively notify us by email or phone of a return by the 14th day, however the return must be postmarked no later than the 14th day.
• Exception to the 14-day Rule: If the buyer can show receipt of the item(s) by an independent authentication firm, the 14-day return period will be placed on hold for a maximum of 7 days. It is the responsibility of the buyer to notify us with the tracking number and firm the item(s) have been submitted to within the 14-day period.
• Items returned for authenticity reasons must be accompanied by a formal report conforming to Jackson Galleries' Standards for Evaluations. Please make your authentication firm aware of our requirements prior to shipping to them.
• Return periods offered by the Seller beyond 30 days are the responsibility of the Seller to honor. Jackson Galleries will not refund any Final Value fees to the Seller for any returns accepted by the Seller beyond 30 days.
• Failure to honor an independent extended return period may void all current contracts with Jackson Galleries and forfeit a current sales balance or items of value still in the custody of Jackson Galleries. Should Jackson Galleries be forced to honor the warranty on your behalf, we will seize the necessary available assets you the Seller have submitted for Sale at our discretion to properly finance and therefore honor the extended return period. Any remaining assets will immediately returned to the Seller and the Seller will be barred from future use of the Brokerage Service.
• WARNING: Buyers found to be purchasing artifacts with the intent or appearance of short-term speculation for profit and returning within the return period those which they cannot quickly sell will be barred from future purchase.

• The item(s) shall be shipped or delivered to Purchaser only after payment is completed.
• Jackson Galleries will charge a flat-rate shipping and handling fee of $10. to U.S. buyers plus any additional insurance or service fees as requested by the buyer at checkout. International customers will be charged at a custom rate and are responsible for any Customs Duties or VAT fees.
• Shipping fees charged to the buyer are not included in the final sale-price of the item(s) and the Seller has no claim to any percentage of monies collected for shipping or handling

• Culling Fees - Culling fees on items submitted for sale through the Brokerage as outlined in the fee table current with the signed date of this contract. ALL PIECES MUST GO THROUGH THE CULLING PROCESS REGARDLESS OF PRIOR AUTHENTICATION OR KNOWLEDGE OF AUTHENTICITY BY THE CURRENT OWNER. THIS INCLUDES “PERSONAL FINDS”.
• Return S&H Fees: Return Shipping and Handling Fees on items returned from Brokerage back to the Seller as outlined in the fee table current with the signed date of this contract. Sellers may combine return S&H fees by allowing the Brokerage to hold all items submitted including those that fail to pass the culling service until the contract for sale expires.
• Listing Fees: Listing fees on items submitted for sale through the Brokerage as outlined in the fee table current with the signed date of this contract.
• Final Value Fees: Final Value fees on items submitted for sale through the Brokerage as outlined in the fee table current with the signed date of this contract.
• Credit Card Processing Fees: The seller will be billed an additional 2% for any purchases completed by Credit Card. This goes to offset the cost of credit processing, of which costs the Brokerage anywhere from 2.55%-4% plus transaction fees.
• Fee Payment: Jackson Galleries requires that Culling and Listing fees be paid prior to listing the pieces on the Jackson Galleries Artifact Brokerage Site. These fees go to offset our costs of marketing and time spent preparing each item for sale. Final Value fees and Credit Card Processing fees are due at which time the Brokerage Service return period has expired after a successful transaction. They may be charged to a credit card on file, or deducted directly from the balance due the seller.
• A valid credit card on file is preferable. Submission of a credit card for use in paying all associated fees the Artifact Brokerage charges is preferable. Your registration of a valid credit card number for use with your account authorizes Jackson Galleries and the Jackson Galleries Brokerage Service to charge fees to that card. In case of insufficient credit, Jackson Galleries will withhold payment of funds due to Seller in escrow until a.) A valid credit card is registered, or b.) The Seller requests deduction of remaining fees from his current balance.

• The Service will be responsible for any fees relating to website hosting, advertising, printing, association dues, , and any other costs incurred during the course of marketing item(s) submitted for sale other than payment processing fees or Return S&H fees already assumed by the Seller

• Payments to Seller are processed and mailed at the end of the contract period.
• Payments are made via Check, or other method, at the seller's request.
• Payments are defined as the amount collected for the sale of an items less culling, listing, final value, and Buyer's Premiums.
• The Seller has no claim to the Buyer's Premium the Brokerage may collect on items sold through a BID situation.

• Jackson Galleries assumes responsibility for loss or damage to the item at the moment immediately following an assessment to identify condition of the item when received. This responsibility ends as soon as custody of the item has changed, such as in returning it to the Seller, or shipment to Purchaser.
• Jackson Galleries assumes no responsibility for loss or damage to the item as a result of shipping the item or items.
• Purchasers assume all risk for loss or damage during shipment to them. As a result, they are encouraged to purchase Postal Insurance.

• At the expiry or the terms of this marketing agreement, Jackson Galleries will notify the seller who may then renew the agreement for another marketing term at no additional fee on the items already hosted. Sellers not renewing their contract may pick their items up in person at the Brokerage Location, or elect to have them shipped back to the Seller's address incurring the already cited Return S&H fee of $10.
• Any changes made to this contract between the date it is signed and the renewal of which will only become valid at time of renewal and only apply to the renewed portion of the marketing term.

• Jackson Galleries and the Jackson Galleries Brokerage Service will maintain complete records of sale for each and every transaction. Jackson Galleries and the Brokerage Service Tax Liability is limited to the fees and commissions charged over the course of a transaction.
• Sellers have the responsibility to comply with all income reporting as required by Federal, State, and Local Tax-Codes.
• Jackson Galleries complies fully with any investigating agency pertaining to Tax-Fraud, Evasion or other financial crimes to provide transaction information to those agencies with requested in accordance with the law.

Step 1.

• An item or group of item(s) is submitted by a seller who has previously agreed to these Terms and Conditions and the Services Agreement as set forth in the Artifact Brokerage and Escrow Services Policy page.
• These items are evaluated for authenticity by Jackson Galleries Authentication staff. A cull fee based on a rate sheet current with the date of contract will be charged. Please request a Current Rate sheet to see the cost of this service. Regardless of the outcome of the culling, the fee must be paid.

• The items which passed the culling process ("pass-cull") are now acceptable for marketing through the Services for a term agreed upon by the Seller and the Brokerage.
• Marketing Prices are agreed upon by the seller and the Brokerage, the item is hosted on the Artifact Brokerage site, or listed in the Brokerage print catalog.

• Once an item is sold, Jackson Galleries ships the item to the buyer. Completion of the transaction is not complete until the agreed upon return period expires. Payment is distributed to the seller upon completion of the transaction according to the rules and conditions of this agreement. Any additional return period offered by the seller is outside of the scope of this agreement.

• Jackson Galleries reserves the right to expel the Seller and to prevent the Seller further access to this Site or Jackson Galleries Services for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use the Site or Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.

• Images or photographs taken of item(s) submitted for any reason become the sole property of Jackson Galleries for use in adverstising, articles, verification of item condition, or for any other reason.

• JACKSON GALLERIES DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JACKSON GALLERIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
• THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" AND "AT YOUR OWN RISK" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JACKSON GALLERIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH JACKSON GALLERIES STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
• JACKSON GALLERIES DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITE OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS, OR DIRECTIONS CONTAINED IN THE SITE MATERIAL.

• IN NO EVENT SHALL JACKSON GALLERIES, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JACKSON GALLERIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• By using this Brokerage Service, you agree to defend, indemnify, and hold harmless Jackson Galleries, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Jackson Galleries may become obligated to pay arising or resulting from your use Brokerage Services or your breach of these Terms and Conditions. Jackson Galleries reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

• Jackson Galleries understands the privacy issue many Purchasers and Sellers may have. Except in cases of extended warranty or guarantee beyond that which Jackson Galleries offers, Jackson Galleries will protect the anonymity of both Seller and Purchaser, excluding online auction services which Jackson Galleries Brokerage Service may offer in accordance with standards of the hobby.
• Please see Jackson Galleries’s Privacy Policy, located here.

• This Web Site originates from [Camarillo, California]. Jackson Galleries does not claim that the Site Material is appropriate or may be used outside of the United States. Access to the Site Material may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
• These Terms and Conditions are governed by the substantive laws of the Commonwealth of Kentucky, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the Commonwealth of Kentucky with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between you and Jackson Galleries with respect to your use of this Site.

• Jackson Galleries is a fair and reasonable company. If you have an issue with Jackson Galleries, please contact Jackson Galleries and we will resolve it within our stated policies. If you feel that your inquiry has not been satisfactorily addressed, Jackson Galleries will attempt to locate an independent mediator to settle the issue.
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