Auctionex User Agreement
Our service provides a venue that allows Auctioneers to provide online auction content. We are not an Auctioneer. Therefore, we are not a party to the contract for sale and purchase entered between the buyer and the Auctioneer. We are a conduit to facilitate communication between the buyer and the auction house. We also do not ensure or guarantee that a buyer or seller will complete a transaction. Auctionex does not review or evaluate the products auctioned, neither does it verify the descriptions given or claims made by Auction Houses regarding the items they sell.
Terms and Conditions
- The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. Take the time to read these terms and conditions and make sure you understand them. If you have any questions, please read our Help pages. If you still have questions, please contact our customer service team at firstname.lastname@example.org
- We may amend the User Agreement from time to time by posting new terms and conditions on this Site. You should review this User Agreement from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this User Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
- Please note that additional conditions governing the Service and your relationship with us are contained in other pages on the relevant Site and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the User Agreement. In particular, please carefully read all information relating to the Sale Overview, Lot Page or Item Page which contains important information relevant to each particular auction on the Site.
Use of the service
- The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
- If a government department, government agency or law enforcement agency informs us that there is any information on a Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
- Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.
Obligation to maintain system integrity
- You may not take any action that might interfere with the operation of the Service.
- You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Sites or any online auction or sale being conducted on or through a Site.
- You must not disclose or share your password to or with any third parties or use your password for any unauthorized purpose.
- You are solely responsible for your transmissions through the Service. You must:
- not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
- not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
- not interfere with or disrupt networks connected to the Service;
- not use the Service for illegal purposes
- We reserve the right to determine whether or not your conduct is consistent with the User Agreement and what we believe is good practice for the Sites. We may, in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the User Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
Registering for use
- You must register your details with us in order to use the Service. Registration is free and does not mandate you to purchase anything.
- You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected e-mails or deliveries) which may occur because you have not provided us with complete and accurate information.
- When you register for the Service, you must choose your user name (e-mail) and password. You must have a valid user name (or “login“) and password before you can bid on or buy items on the Site. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorized by you. Unauthorized access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorized use of your user name or password or of any other security breach.
- We intend to send notifications to you by e-mail of:
- the status of an online auction in which you are participating, such as 'you have been outbid' e-mails, or “you are the Winning Bidder“ e-mails;
- sales confirmation;
- the status of your delivery, if applicable;
- a copy of your invoice, if applicable;
- newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form;
- However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
- We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
- You may request that your Account be closed by e-mailing us a closure request, to email@example.com. In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
- We will only close your account if:
- any online auction at which you have bid has closed,
- you have all paid everything you owe us in cleared funds.
Eligibility to participate
- You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you:
- are under 18 years of age
- Those who have been barred, refused or suspended by Auctionex or any auctioneer are not permitted to access our services.
- In order to be eligible to make purchases using the Service, you must provide details of an acceptable credit card sufficient to make online payments. As part of the registration process, we may charge a nominal amount (1 $) to your credit card and then re-credit that amount to the same credit card (which usually takes no more than 10 days). These transactions may appear in your credit card statement. By registering, you irrevocably authorize us to process these transactions.
- “Your information” includes any information you provide us at any time, including when you register to use a Service.
- You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
- You must ensure that your information:
- is true, accurate and complete;
- is not false or misleading;
- does not infringe any other person's rights (for example intellectual property rights) or privacy;
- is not contrary to any applicable law or industry code of practice;
- is not defamatory, threatening or harassing;
- is not obscene or pornographic; and
- does not contain any viruses, Trojan horses, worms, time bombs or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You must not do or allow to be done anything involving the Service which:
- may be contrary to any applicable law or industry code of practice, or
- is prohibited by the User Agreement.
Overview of Auctionex Services
- Our service allows you to participate in live auctions conducted by the Auction House. We are a conduit to facilitate communication between you and the Auction House. We reserve the right in our sole and absolute discretion to change some or all of our services at any time.
- We have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, or the ability of the Auction House to sell and the ability of buyers to buy items. We also do not ensure or guarantee that a buyer or seller will actually complete a transaction.
- All events are operated by independent Sellers. The Sellers are solely responsible for running each event and regulating each sale. While this Agreement contains a set of default terms governing the relationship between a Buyer and Seller, each Seller has the discretion to alter those terms for their individual event and may impose Special Terms of Sale for participation.
- Sellers have the ultimate discretion over approving or rejecting Buyers for each event. Creating an account as a Buyer with Auctionex does not automatically guarantee that a Buyer will be approved for any of the events hosted by Auctionex.
Bidding, Buying and conditions of sale
- The terms and conditions for participating in each auction, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase an item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, etc) may change for each auction at the sole discretion of the Auction House.
- The Auction House is required to post its terms and conditions and to maintain such terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to this Agreement. This Agreement, in addition to those Auction House terms and conditions, governs your bidding activity, as well as your participation in each auction. The Auction House acts as an auctioneer and makes the sole, final determination with respect to bidding on the item, the sale of the item, and the resolution of any disputes.
Your obligation as bidder
- Sellers have the ultimate discretion over approving or rejecting buyers for each event. Creating an account with Auctionex does not automatically guarantee that a buyer will be approved for any of the events hosted by Auctionex.
- Before participating in an event, the buyer must review and accept the Terms of Sale governing the particular event.
- When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner's Bid Amount, plus any additional charges that you may be obliged to pay.
- Please take care when placing a bid, as once your bid is placed it cannot be withdrawn.
- It is your responsibility to read the Product Information, Sale Overview and Lot Page relating to any item listed for auction on the Site. Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
- Please make sure you understand the delivery and payment terms, including any amendment to those terms and conditions as outlined in the item's description or in the Sale Overview and Lot Page. Usually, a Buyer's Premium, and other charges, including a delivery fee, will apply to online auctions.
- You must not engage in bid manipulation.
Your obligation To pay
- If you are the Winning Bidder in an online auction, you agree to pay:.
- the Winners Bid Amount; and
- the Buyers Premium; and
- any other fees and charges specified in the Sale Overview and Lot Page, and including but not limited to tax, delivery and insurance charges, (the “Invoice Amount“)
- Auctionex is not responsible for any errors or omissions in the description or photographs provided on our website or in Auctionex’s bidding application. Due diligence to verify the condition and description of an item is the sole responsibility of the Buyer prior to placing any bid on our Website. Please make sure you understand the delivery and payment terms, including any amendment.
Your obligation as seller
- Sellers must be approved by Auctionex, in its sole discretion, before they can use Auctionex’s website. Sellers must be licensed, and have a taxes identification number. When deciding whether or not to approve a seller, Auctionex will also consider: (1) seller's outcry auction experience; (2) any professional designation which the seller may have; and (3) the seller's province and/or association memberships.
- The seller is required to post its terms and conditions and to maintain such terms throughout the auction period. The terms and conditions for participating in each auction, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase an item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) .
- Unless alternate payment arrangements have been agreed to in writing by Auctionex, payment in full is due to Auctionex no later than fifteen (15) days after the date of Auctionex's invoice (the “Due Date”). Any request for alternative payment arrangements must be submitted by the Seller to Auctionex within three (3) days following the Auction Event. Any amount due to Auctionex which is not paid by the Seller before the Due Date shall be subject to interest and collection costs.
- Auctionex is not responsible for any errors or omissions in the descriptions or photographs provided to us for use on this website. In addition, Auctionex is not liable for any damages resulting from the photographs it takes or information that is collected at the event location. The Seller guarantees that the information it provided to Auctionex is accurate. The Seller is responsible for the content and accuracy of any catalog or other promotional materials of any kind it created for itself or any Seller in conjunction with any event.
- If the Seller includes any statement that a product posted for sale through the website is sold “AS IS” (attempting to disclaim implied warranties), Seller must also include a clear and conspicuous description of the known defect(s) in the product (for example, “BROKEN”, “MISSING PARTS”, “FOR PARTS ONLY”). Any attempt to list a product “AS IS” without a clear and conspicuous description of the defect is a violation of this Agreement.
- The Seller shall not knowingly misrepresent any items. All catalog descriptions must accurately describe the items for sale, and all photos must be original. The use of stock photos is prohibited.
- Auctionex does not evaluate the quality of the items auctioned/sold or verify the claims made by the Seller regarding your auctioned/sold items. However, Auctionex reserves the right, at its sole and absolute discretion, (1) to prohibit the Seller from promoting and/or selling certain items; and (2) to replace any image or content on this website. Seller agrees to remove any item from this website upon Auctionex's request.
- ALL MATERIALS, INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) AND ALL AUCTIONEX SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT AND AUCTIONEX SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AUCTIONEX DOES NOT WARRANT THAT THE CONTENT AND AUCTIONEX SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEB SITE AND AUCTIONEX SERVICES IS AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- UNDER NO CIRCUMSTANCES SHALL AUCTIONEX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AUCTIONEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR AUCTIONEX SERVICES. UNDER NO CIRCUMSTANCES WILL AUCTIONEX'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEB SITE OR AUCTIONEX SERVICES EXCEED THE FEES ACTUALLY PAID BY YOU IN CONSIDERATION FOR THE AUCTIONEX SERVICES.
- Auctionex may amend, modify, add or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page. IF ANY FUTURE CHANGES TO THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND OF ANY SUCH CHANGES.
- January 10, 2017