Auction Terms & Conditions
Terms and Conditions
The bidders(s) and the Auctioneer(s) agree that the terms listed below shall govern each and every auction sale.
All registration information the Bidder provides to the Auctioneer shall be current, complete, and accurate. All bidders must be 18 years of age or older. The bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during any auction sale.
1. Photos with lot descriptions are to be used to act as part of the item description. We make all efforts to note any defects prior to the auction close. Please view all photos for each item before you bid and bid accordingly.
2. Settlement for payment for purchases can be made by cash, interac/debit, Visa or Mastercard. All sales are subject to 13% HST (Harmonized Sales Tax). All sales are subject to a 15% Buyer's Premium of the Purchase Price and payable by the Buyers. Full settlement to be made at the conclusion of the sale. Nothing is removed until paid in full, and invoice received.
3. Buyer acknowledges and agrees not to retract their bids. The Highest Bidder shall be the Buyer, and if any dispute arises during the Sale, then the Auctioneer, may at his discretion, put the Lot up again. The Auctioneer's decision is final. The Auctioneer reserves the right to accept or reject any bid and shall control the bidding at all times.
4. Buyer shall be responsible for making all arrangements for merchandise pick-up and /or removal per specific terms or conditions listed for auction. Please note that some removal times are short, be aware of removal times when you bid. Removal times will be posted - buyer must adhere to these times, no exceptions will be made. Buyer must provide all packing materials necessary to remove all items purchased. (ie: packing paper, boxes, packing tape, moving dolley, additional help need to move items, etc as the Auctioneer does not provide any of these items).
5. The items have been displayed and each Buyer shall be held to have satisfied himself as to the condition, identity and authenticity, and shall not be permitted to make any objections after the sale on any grounds whatsoever. Neither the Auctioneer nor the Owner is responsible for any error on conditions of items.
6. All items are sold "AS IS, WHERE IS". Once the item is sold, the Buyer shall assume full risk and responsibility for the item.
7. Despite efforts to avoid withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion. If there is a reserve on a lot, the Auctioneer and/or the Seller have the right to bid on behalf of the Seller.
8. Merchandise becomes the full responsibility of the Buyer at time of PAYMENT. Any Buyer having someone, other than himself, pick-up his purchases must notify the Auctioneer. Buyer shall be at his own risk and liability at the Owners' property for pick ups, and shall hold the Owner/Seller and the Auctioneer harmless for the Buyer's negligence. Buyer shall also be held responsible for any damage to the Owner's property, caused by the Buyer. After final removal date, unless previous arrangements have been made, there will be a per day, per item/lot storage fee charged to the Buyer. Buyer's that fail to pick up their items shall be billed for disposal fees of mininum $10.00CAD per lot.
9. Auctioneer reserves the right to resell any property not paid for in full with all funds received by Auctioneer within two days of the online auction item/lots closing date. Failure to pay for item/lots won on this online auction may result in legal action against Buyer.
10. Auctioneer cannot , and will not, be held responsible for any interruption in service, errors and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void a sale, temporarily suspend bidding and re-sell any items/lots that were affected by any malfunction. The decision of the Auctioneer is final.
11. Auctioneer gathers information about Bidders and Owners/Sellers for the purposes of conducting online auctions only. Auctioneer does not, and will not, sell or rent this information.
12. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name removed from our list.
13. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
14. By using this site, you, the Bidder, agree in advance to accept all rules, terms, and conditions, and any such possible changes thereto.
15. Barb Richards A Touch of Class Auction and Appraisal Service is acting as Agent for the Seller.
16. What does "SOFT CLOSE" mean? Items close every second. Any bids placed in the last minute of the auction will cause the auction item to stay open for an additional 3 minutes. This will continue until all bidding has ceased.
17. What is "MAXIMUM BIDDING"? Bidders may place a maximum bid on each item. Your initial bid will increase automatically, each time you are outbid, up to your maximum bid. If a competing bid is above your maximum bid, you will be required to bid online again, if you want to be the successful bidder.
18. Any items purchased and not picked up within 10 days will be considered deemed and abandoned and will be disposed of at the Auctioneers discretion.
19. Auctioneer has set pick up times. No exceptions. Furthermore, regardless of circumstances, limitations or lack of pick up for any reason resulting in the buyer not receiving paid for items is not, nor will it be the responsibility of A Touch of Class.
20. When picking up your items, please check and review your statement at that time. It is the customers responsibility to check and ensure that they have all items paid for. A Touch of Class is not liable for any misplaced or unpacked/not taken items.
Your use of this auction site marks your acceptance in full these Terms and Conditions.
PICKUP: IF YOU ARE A SUCCESSFUL BIDDER, YOU WILL RECEIVE AN UNPAID INVOICE BY EMAIL AFTER THE SALE CLOSES. WHEN YOU ARRIVE TO PICKUP YOUR ITEMS YOU HAVE YOUR CHOICE OF PAYMENT- CASH, DEBIT/INTERAC, VISA OR MASTERCARD.
PICKUP IS SCHEDULED FOR FRIDAY, DECEMBER 16, 2016 FROM 3PM UNTIL 7PM AT:
110 ANNE STREET SOUTH, UNIT 9, BARRIE, ON L4N 2E3
ABSOLUTELY NO EXCEPTIONS. IF YOU HAVE PURCHASED MULTIPLE ITEMS PLEASE ARRIVE BEFORE 6PM TO ALLOW ENOUGH TIME TO PACK AND GATHER YOUR ITEMS.
INVOICES NOT PAID BY 8PM FRIDAY, DECEMBER 16, 2016 WILL BE PROCESSED ON THE REGISTERED CREDIT CARD ON FILE, INCLUDING ANY ADDITIONAL STORAGE OR NON PICK UP FEES.
ITEMS CANNOT BE HELD AFTER THE PICKUP TIME.
IF YOU DO NOT PICK UP YOUR ITEMS YOUR CREDIT CARD WILL BE PROCESSED AND A DISPOSAL OR STORAGE FEE OF $15 PER ITEM FOR SMALL ITEMS AND $25 PER ITEM FOR LARGE ITEMS (DESKS/DRESSERS/ETC) PER DAY WILL APPLY. DISPOSAL OR STORAGE IS ENTIRELY DEPENDANT ON THE AUCTIONEER'S DECISION.
Auctioneer will work with any third party shipper to have items shipped to buyer at the buyers own expense. There will be a $10 per item handling fee for auctioneer to provide items to shipping company. Please notify the auctioneer immediately after receiving your invoice to arrange. Buyer must arrange their own packing and shipping.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.