Terms and Conditions

Welcome to atomicpear.com!

These terms and conditions outline the rules and regulations for the use of Atomic Pear LLC's Website, located at https://atomicpear.com/termsandconditions.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use atomicpear.com if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing atomicpear.com, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Atomic Pear LLC and/or its licensors own the intellectual property rights for all material on atomicpear.com. All intellectual property rights are reserved. You may access this from atomicpear.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from atomicpear.com

• Sell, rent, or sub-license material from atomicpear.com

• Reproduce, duplicate or copy material from atomicpear.com

• Redistribute content from atomicpear.com

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Atomic Pear LLC does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Atomic Pear LLC, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Atomic Pear LLC shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Atomic Pear LLC reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Atomic Pear LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Atomic Pear LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Atomic Pear LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Atomic Pear LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Auction Terms & Standard Policies

(1) Acceptance; Binding Contract

Atomic Pear LLC (“Atomic Pear,” “we,” “us”) conducts online auctions including timed auctions through LiveAuctioneers and other permitted bidding channels. By registering, bidding, or purchasing, you (“Bidder/Buyer”) agree to these Terms and any applicable LiveAuctioneers/platform terms. Placing a bid is a binding offer; if you win, you are obligated to pay all amounts due.

(2) As-Is Sale; Descriptions; Condition

All lots are sold AS IS, WHERE IS, with all faults. Neither Atomic Pear nor any consignor makes warranties or representations, express or implied, regarding description, genuineness, authorship, attribution, provenance, period, culture, source/origin, condition, merchantability, or fitness for a particular purpose. All catalog statements (including any COA references) are opinions offered in good faith and are not guarantees. Photographs form part of the description; color and condition may appear different depending on lighting/monitor settings. Buyers are responsible for reviewing all images and requesting additional information before bidding. Condition reports, if provided, are a courtesy and not a guarantee. Normal wear consistent with age/use should be expected.

Time-limited claims: Any claim that an item is materially misdescribed (including authenticity/attribution/provenance) must be submitted in writing within 7 days of delivery or pickup, with supporting documentation. If no written notice is received within this period, the Buyer waives such claim.

(3) Winning Bids; Payment; Non-Payment

A winning bid is a binding obligation to pay the full invoice amount (hammer price plus buyer’s premium, taxes where applicable, shipping/handling if selected, and any platform fees).

(4) Auctioneer Discretion; Errors; Disputes

Atomic Pear reserves the right to: withdraw lots; correct catalog errors and clerical mistakes; refuse, revoke, cancel, reject or rescind any registration or bid; reopen bidding; determine bid increments; resolve disputes; and re-offer a lot if necessary. In the event of any dispute, Atomic Pear’s and/or the platform’s sale record shall be conclusive. Atomic Pear is not responsible for internet latency, data lag, platform outages, or missed bids due to technical issues.

(5) Payment Policy

Accepted payment methods: LiveAuctioneers Payments, major credit cards, wire transfer (required for high-value invoices), and other methods approved in advance. Personal checks are accepted only if credit has been established with Atomic Pear or if bank authorization guaranteeing the check is received. Merchandise paid by personal check may be held until the check clears. A $75.00 handling/processing fee applies to any dishonored check.

Invoice & payment deadline: Atomic Pear will contact Buyers within three (3) days after the auction ends. Payment in full is due upon notification/invoice and must be completed no later than three (3) days after the invoice is received.

Wire transfer requirement: We reserve the right to require wire transfer for invoices over $2,000 and/or for first-time buyers, or high-value invoices.

Late payment / interest: Atomic Pear may charge 1.5% monthly interest on any balance remaining fifteen (15) days after invoice issuance.

Authorization to charge card on file: If payment arrangements have not been made within three (3) days of invoice issuance, Atomic Pear reserves the right (where permitted by platform rules and law) to charge the credit card used to register for the auction for the full invoice amount.

Default / non-payment: Any lot not paid within three (3) days may be canceled and relisted/resold. Non-paying buyers may be blocked from future auctions and a dispute may be filed through the platform. Atomic Pear may pursue permitted remedies, including recovery of fees, losses, and costs. Administrative fees and/or restocking/resale fees may apply where allowed.

Chargebacks: Unauthorized chargebacks are a breach of these Terms. Please contact Atomic Pear first so we can resolve issues promptly.

Sales tax: Sales tax will be collected when required by law based on the ship-to address and applicable exemptions. Tax-exempt buyers may submit a valid exemption certificate through LiveAuctioneers.

Title: Title passes only after cleared payment in full has been received.

(6) Shipping & Pickup Policy (No In-House Shipping)

Shipping responsibility: All shipping charges are borne by the Buyer. Atomic Pear does not offer in-house shipping at this time. LiveAuctioneers may add shipping charges to your invoice if you select LiveAuctioneers Shipping.

Available options (as shown on the listing):
1. LiveAuctioneers Shipping (if eligible/available), and/or
2. Arrange Your Own Shipping, and/or
3. Free Local Pickup (Appointment Only)

Because we handle a high volume of lots and do not provide in-house shipping, please allow 7–10 business days after cleared payment for order processing and release to any shipper (including LiveAuctioneers Shipping or a carrier arranged by the Buyer). This handling window covers locating, consolidating, and preparing items for pickup; it is not a carrier transit estimate. Shipper pickup schedules are controlled by the shipping provider, and occasional delays may occur due to volume, weekends/holidays, weather, or carrier availability.

Shipping address: To avoid shipping delays, please provide a physical shipping address at checkout and ensure it is correct. Questions: email info@atomicpear.com and reference your invoice number.

Pickup: Pickup is by appointment only and requires 24-hour notice. Items are released only after cleared payment and presentation of valid ID by the Buyer or an authorized agent.

Order readiness: Because Atomic Pear processes a high volume of lots, most orders are typically ready for pickup within 5–7 business days after auction close (some fragile/multi-lot orders may require 7–10 business days). Pickup appointments are scheduled in the order requests are received; limited appointment availability may require dates beyond the stated windows.

Local pickup buyers are responsible for NY sales tax unless they have a valid exemption on file.

Removal deadline; storage; abandonment: Items must be removed from our facilities within ten (10) days of the end of the auction unless an extension has been arranged in writing. Items are stored at the Purchaser’s risk. A storage fee of $10.00 per day, per item may be assessed if items are not removed within the stated timeframe, regardless of size or value. Unless prior written arrangements have been made, any item left in our facilities for more than ninety (90) days may, to the extent permitted by law, be deemed abandoned. Before resale/disposal, Atomic Pear may provide notice to the email and/or mailing address on file. If the item is sold, storage and processing fees will be deducted and any remaining balance will be mailed to the address on file (where permitted by law and platform policy).

Shipping risk / damage: Atomic Pear is not responsible for damage or loss due to shipping. Buyers are encouraged to insure shipments and retain all packaging materials for any carrier claim.

International buyers: Buyer is responsible for all duties, taxes, VAT, tariffs, brokerage, and import/export compliance (including CITES/endangered materials rules where applicable). Delays or denial of import/export permissions do not cancel the obligation to pay.

(7) Risk of Loss; Release

Risk of loss transfers to the Buyer upon pickup by the Buyer (or the Buyer’s agent) or upon transfer to any carrier/shipping provider acting on the Buyer’s behalf, whichever occurs first.

(8) Buyer’s Premium; Taxes; Platform Fees

Buyer’s premium and any platform fees are as stated on the LiveAuctioneers listing and are part of the purchase price. Sales tax is applied as required by law and/or collected by the platform based on the ship-to address and applicable exemptions.

(9) Limitation of Liability

To the maximum extent permitted by law, Atomic Pear’s liability to any bidder/buyer for any claim related to a lot is limited to the hammer price actually paid for that lot. We are not liable for indirect, incidental, or consequential damages.

(10) Intellectual Property

Purchase does not convey copyright or reproduction rights. Atomic Pear reserves the right to reproduce and display images of lots for marketing, promotional, and archival purposes.

(11) Governing Law; Venue; Updates

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Buyer agrees that any action arising from or relating to these Terms or any sale shall be brought in the state or federal courts located in Erie County, New York, and Buyer consents to personal jurisdiction and venue there (unless the platform’s dispute process requires otherwise). Atomic Pear may update these Terms at any time; continued participation constitutes acceptance of updates.

(12) Contact

For questions about lots, pickup scheduling, or shipping coordination, please call or text us at (716) 383-5814, or email us at info@atomicpear.com.