selling rules
- All sales are final.
- Because we sell old, used, vintage, 2nd hand furniture, lighting, design and fine art, we recommend the buyer contact us about the item to get more information, such as origin, age, condition, shipping terms, measurements, etc before purchasing an item.
- Buyers can contact us for a "condition report" before purchasing.
- If requested, we will send potential buyers more photos detailing the condition of the item.
- We will notify potential buyers if an item has any damages, mistakes, scratches, chips or any other defects that were not caused by natural aging.
- Once an item is purchased, the buyer will be contacted to arrange shipping seperately. Shipping is not included in the price of the item.
- If requested, we can provide an estimated shipping cost prior to purchasing.
- If requested, buyers can pay for shipping COD (cash on delivery).
- Buyers will be contacted 3 to 5 business days after payment is received to discuss shipping terms.
- All items will be shipped 7 to 15 business days after payment is received.
- MiMo Gallery can arrange international shipping as well.
- Buyers can return items within 7 business days after receiving the product only for the following reasons:
- Item is fake or an imitation.
- Item description was misleading or vague.
- Conditon report does not match the item.
- Buyer received the wrong item.
- All items are sold "as is." However, we provide detailed information about each item and will happily provide more information if requested.
1. Examination of Property
Except as stated under “Limited Warranty” in paragraph 4 below, all property is sold “as is,” with no representation or warranty of any kind from MiMo Gallery and MiMo Auctions or the consignor. Because buyers are responsible for satisfying themselves as to condition or any other matter concerning the property, they are advised to personally examine any property on which they intend to bid prior to the auction. As a courtesy, condition reports for any lot are available from MiMo Gallery and MiMo Auctions prior to the sale, but MiMo Gallery and MiMo Auctions assumes no responsibility for errors and omissions contained in the catalogue or in any such report provided at the request of a buyer. Any statements made in this catalogue or in any condition report, whether orally or in writing, are intended as statements of opinion only, are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind.
2. Payment for and Collection of Purchases
All payments must be made in US Dollars, in any of the following acceptable forms of payment:
– Cash
– Check, with acceptable identification
– Visa, MasterCard or American Express, with a 2% surcharge for any such payment.
In any case, as security for full payment to us of all amounts due from the buyer, we retain, and the buyer grants to us, a security interest in the property purchased by the buyer at auction, and in any other property or money of the buyer in our possession or coming into our possession subsequently. We may apply any such money or treat any such property in any manner permitted under the Uniform Commercial Code and/or any other applicable law.
All property not collected within thirty (30) days following the sale date will become subject to storage fees of not less than $5 per day, and property may be moved to alternate storage facilities at the buyer’s risk and expense. A late payment fee equal to 1.5% per month may be assessed on any amounts remaining unpaid thirty (30) days following the date of the sale.
We may, as a courtesy to the buyer, provide or arrange packing, shipping or similar logistical services, or refer the buyer to third parties who specialize in these services. Any such services provided or arranged by us are at the buyer’s sole risk and expense, and we assume no responsibility for any act or omission of any party in connection with any such service or reference.
If a buyer fails to make timely payment as required in this paragraph 3, we shall be entitled, in our discretion, to exercise any remedies legally available to us, including, but not limited to, the following:
– cancellation of the sale of the property to the non-paying buyer,
including the sale of any other property to the same buyer;
– reselling the property, at public or private sale, with or without reserve;
– retention of any amounts already paid by the buyer as liquidated damages;
– rejection of any bids by the buyer at future auctions;
– setting-off any amounts owed by us to the buyer in satisfaction of unpaid amounts
– taking any other action we deem necessary or appropriate under the circumstances.
3. Limited Warranty
Subject to the following terms and conditions, MiMo Gallery and MiMo Auctions warrants, for a period of five (5) years following the date of sale, the authorship and authenticity of any work as set forth unqualifiedly in a heading in BOLD CAPITAL type in this catalogue. The term “author” or “authorship” means the creator, designer, culture or source of origin of the property, as the case may be, as specifically identified in BOLD CAPITAL type in this cata-logue, and shall not include any supplemental text or information included in the catalogue descriptions. Other than as specifically set forth above, MiMo Gallery and MiMo Auctions provides no warranty regarding any statements made in this catalogue or elsewhere, whether orally or in writing, and MiMo Gallery and MiMo Auctions shall not be responsible for errors or omissions contained in the text of this catalogue. MiMo Gallery and MiMo Auctions’s warranty does not apply to any heading in this catalogue that contains a qualified opinion or attribution of authorship, and the warranty is subject to the following:
The benefits of the warranty are only available to the original buyer of the property, and not to any subsequent purchasers, transferees, successors, heirs, beneficiaries or assigns of the original buyer.
The warranty shall not apply to any lot for which the description states that there is a conflict of opinion among specialists as to authorship or origin.
The warranty shall not apply to any lot for which the attribution conforms with the generally accepted opinion of scholars, specialists or other experts on the date of sale, despite the subsequent discovery of information that modifies such generally accepted opinions.
The buyer’s sole remedy, and MiMo Gallery and MiMo Auctions’s sole liability, under the warranty shall be the cancellation of the sale of the property in question, and the refund of the purchase price originally paid by the buyer in respect of the property (not including any late fees, shipping or storage charges incurred by the buyer).
In no event shall MiMo Gallery and MiMo Auctions be liable to the buyer or any third party for any special or consequential damages including, without limitation, lost profits or interest.
The buyer must provide written notice of any claim under the warranty to MiMo Gallery and MiMo Auctions not later than five (5) years following the date of sale, and must return the property to MiMo Gallery and MiMo Auctions in the same condition as at the time of the original sale. MiMo Gallery and MiMo Auctions reserves the right to appoint two independent specialists to examine the property and evaluate the buyer’s claim before determining whether to cancel the sale in question.
4. Rescission of Sale by MiMo Gallery
If we become aware of an adverse claim of a third party relating to property purchased by the buyer, we may, in our discretion, rescind the sale. Upon notice of our election to rescind a sale, the buyer will promptly return the property to us, at which time we will refund to the buyer the purchase price. This refund will represent the buyer’s sole remedy against us and/or the consignor in case of a rescission of sale under this paragraph 4.
5. Private Sales
These Terms and Conditions of Sale shall govern, to the extent applicable, any private sale of property by us not made through auction.
6. Copyright Notice
All images and text contained in this catalogue or in any other publication by us, in whatever form, shall remain the property of their respective owners, and the buyer shall have no right of ownership, use or reproduction of any such material by virtue of any purchase of property or otherwise.
7. Severability
If any provision of these Terms and Conditions of Sale is held by any court to be invalid, illegal or unenforceable, such provision shall be disregarded and the remaining Terms and Conditions of Sale enforced in accordance with the original document and in accordance with applicable law.
8. Governing law
These Terms and Conditions of Sale shall be governed by and interpreted in accordance with the law of the State of California and, by registering for and bidding in the auction (whether personally, by telephone or by agent), the buyer agrees to submit to the exclusive jurisdiction of the state courts located in Palm Springs, CA in connection with any matter regarding this auction.


