Auction Terms & Conditions
For any questions regarding this auction, please email us at firstname.lastname@example.org.
THIS IS AN ONLINE ONLY AUCTION!
This website ("the Site") is owned and operated by 4Life's Transitions Inc. (hereafter "4Biddding"). These terms and conditions for the use of 4Bidding apply to bidder use of this Site.
Please read these Terms and Conditions carefully! They contain important information about the online auction itself and bidder rights and responsibilities. Throughout the site, the terms "we," "us" and "our" refer to 4Bidding and the terms "you", "their" and "they" will refer to the bidder.
4Bidding offers this Site to bidders, to bid in this online auction. Bidders must read and understand these Terms and Conditions. By placing a bid, the bidder agrees to all Terms and Conditions and agrees that the terms are binding on all parties for any issues that arise in connection with this sale.
1. Registration: To gain access to this online auction, bidders are required to register and create a user name and password. Bidders must be eighteen years old or older to register. All information provided to 4Bidding will be current, complete, and accurate. Bidders may be banned from participation in 4Bidding auctions indefinitely for providing false information.
4Bidding at its sole discretion, may ban from further use any bidder or seller which 4Bidding believes to have in any way misrepresented themselves or any item. Failure to abide by the terms, or conducting improperly as determined solely by 4Bidding may also result in banishment. Any bidder who fails to carry through with a purchase will be banned from any further use of this site and may be subject to legal action
3. Purchasing: All items on the auction are subject to 4Bidding's acceptance or rejection of the highest bid. If for any reason 4Bidding is unable to complete the sale of any purchase to bidder or provide such purchase free and clear of liens, even if the bidder was given notice that he is the winning bidder and purchaser. Bidders agrees that 4Bidding may terminate the purchase/agreement, in which case 4Bidding's only liability shall be the return of any monies actually paid by bidder toward that item.
4. Payment: REGISTRATION IS 100% FREE. BIDDERS CREDIT CARDS WILL NOT BE CHARGED UNLESS THE BIDDER WINS. In order for the 4Bidding to process bidder winning bid, we must have a working Credit Card associated with bidder account. Note that bidder credit card may be pre-authorized for $1 to ensure that bidder card is valid. This is NOT a charge; this hold amount will fall off after a week. On the day of pick up the winning bidder's credit card will be charged for the final bid price, plus a bidder's premium (12.5% of the final bid price) and applicable retail sales tax unless other arrangements are made.
5. Account Information: Bidder may establish a 4Bidding account on the Site. Registration requires bidder to agree to these Terms and Conditions Policy. Bidders agree to accept responsibility for all activities that occur under their account. The bidder is responsible for maintaining the confidentiality of bidder's account and password, and for restricting access to this account. If at any time the bidder feels that their user name and/or password have been compromised the bidder must notify 4Bidding immediately.
6. Conditions of articles sold: All items are sold "AS IS" and "WHERE IS." our best efforts are made to accurately represent all items in the descriptions and photographs. No responsibility is assumed by 4Bidding or the seller for any errors or omissions. 4Bidding is not responsible for the acts or omissions of the Seller. Bidders. Please inspect items during our preview times. We do not guarantee the safety or regulatory compliance of any items, which may include infant and child products.
7. Buyer's Premium: A 12.5% buyers (bidder) premium is added to every purchase on completion of the auction. You may also contact us to find out the exact amount of the buyer's premium for any auction. Visa, MasterCard cards are accepted.
Buyer's premium means that 12.5% will be charged in addition to HST on the purchase of an item. Taxes are often misconstrued as additional buyer's premium but they are not be as taxes and must be charged by every legal legitimate business.
8. Invoicing winners: All payments must be in Canadian Funds. If a bidder places a bid and that bid is determined to be the winning bid, the bidder is obligated to pay for the item(s) that they have won at the price they bid. The bidder will receive an invoice via email within 24 hours of the auction closing. . This e-mail notification will be the only contact the bidder receives from 4Bidding about winning bids. It is the bidder's responsible to check their e-mail to determine what items they have won. In the unlikely event of a dispute, bidder agrees to accept 4bidding's records.
9. Removal/pickup: 4Bidding do not ship! Do not bid if you are unable to pick up the items at the published pickup date, time and place. Items not taken will be considered abandoned and bidder will be charged for disposal with no refund. We DO NOT supply tools, packing material or assist with moving bidder purchases. PLEASE BRING HELP to move any large items. Note: Any damage to property caused by the bidder will be charged to their credit card for the full amount of the cost to repair. Bidder is solely responsible for the safe pick-up, removal, and transportation of items. Bidder agrees that the pick-up, removal, and transportation of bidder items will be solely at bidder expense and risk.
10. Changes in Circumstance: All aspects of this auction are subject to change without notice. 4Bidding reserves the right to, at any time: add/remove items from the auction, split or combine lots, cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, inspection, or removal times, or take any other action the 4Bidding deems necessary to effect the fair conduct of this sale or for the protection of bidders', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, 4Bidding may leave the item on the catalog and buy the item back on behalf of the seller.
Disclaimer of warranty and release:
The Site User expressly agrees that use of this Web site is solely at their risk. Neither 4Bidding its affiliates, nor any of the officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that our online bidding service will be uninterrupted or error free or that errors in software or online content will be corrected.
4Bidding does not warrant reliability of any statement or other information displayed or distributed through the Site. 4Bidding reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and may make any other changes to this Site at any time without notice. 4Bidding makes reasonable commercial efforts to make the Site available at all times, however, 4Bidding is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the online auction sale.
4Bidding makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, 4Bidding expressly disclaims all warranties, expressed or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or bidder use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement. In the event that bidder have a dispute with one or more users, bidder release 4Bidding and our officers, directors, agents, subsidiaries, employees, and parent companies from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Limitation of liabilities:
The Site users agree that 4Bidding and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from their possession or use of the materials, content, or information on this site or from the user's purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise.
In no event, including, without limitation, a negligent act, shall provider or any of its providers be liable to the site user for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, the users use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether 4Bidding or any of its providers have been advised of the possibility of such damages. (Some states prohibit the exclusion of special, incidental or consequential damages, so part of the preceding limitation may not apply to user).
To the extent that we are held liable to user, our aggregate liability for any expenses, losses or damages arising out of or relating to the use or inability to use our service will not exceed the amount paid (or payable) by user to us under these terms and conditions.
Consent to Suit in Ontario: In the event of legal proceedings arising from this contract or from the auction in connection therewith, users consents to being subject to the personal jurisdiction of the courts of the Province of Ontario. Users also agree that venue shall be in Waterloo Region, Ontario and that the laws of the Province of Ontario shall govern this Agreement and the parties' transaction hereunder.
Indemnification: Users agree to indemnify, defend, and hold harmless 4Bidding and its employees, officers, owners, affiliates, agents, and representatives from any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with user, user's agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
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.